L  A.  W  S 


OF  THE 


EIGHTH  LEGISLATU 


OF  THE 


STATE  OF  TEXAS. 


EXTRA.    SESSION". 


BY  AUTHORITY. 


AUSTIN: 

PRINTED  BY  JOHN  MARSHALL  &  CO.,  STATE  PRINTERS, 

1861. 


Digitized  by  the  Internet  Archive 

in  2012  with  funding  from 

University  of  North  Carolina  at  Chapel  Hill 


http://archive.org/details/lawsofeighthlegitexas 


5. 


CHAPTER  I. 

AN  ACT  Making  an  appropriation  for  the  mileage  and  per 
diem  pay  of  the  Members,  and  the  per  diem  pay  of  the 
Officers, \of  the  extra  session  of  the  Eighth  Legislature. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  sum  of  forty  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  be  and  the  same  is  hereby  appro- 
priated out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated, for  the  mileage  and  per  diem  pay  of  the  Members,  and 
the  per  diem  pay  of  the  officers,  of  the  extra  session  of  the 
Eighth  Legislature  of  the  State  of  Texas;  and  the  certificate  of 
the  Secretary  of  the  Senate,  and  the  Chief  Clerk  of  the  House 
of  Representatives,  shall  be  authority  for  the  Comptroller  to 
draw  his  warrant  on  the  Treasurer  for  the  several  amounts  that 
the  Members  and  officers  may  be  respectively  entitled  to. 

Sec.  2,  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  January  24,  1861. 

VcgG>\ 

CHAPTER  II. 

AN  ACT  in  relation  to  the  procurement  of  money  due  by  the 
United  States  to  the  State  of  Texas.- 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  it  is  hereby  made  the  duty  of  Clement  R.  Johns, 


4 

the  Comptroller  of  Public  Accounts  of  this  State,  to  proceed 
without  delay  to  the  city  of  Washington,  with  proper  vouchers 
duly  authenticated,  and  receive  from  the  Secretary  of  the  Treas- 
ury, or  other  proper  authority  of  the  Government  of  the  United 
States,  all  money  now  undrawn  by  this  State,  which  has  been 
appropriated  by  the  Congress  of  the  United  States  to  the  State 
of  Texas.  And  said  Comptroller  shall,  oa  the  receipt  of  such 
money,  in  behalf  of  the  State  of  Texas,  give  all  proper  receipts 
therefor  ;  and  shall  immediately  transport  the  same  to  the  city 
of  Austin,  and  deposit  it  in  the  Treasury  of  this  State. 

Sec.  2.  That  all  the  necessary  expenses  of  said  Comptroller 
in  procuring  and  transporting  said  money,  as  provided  in  this 
act,  shall  be  paid  out  of  the  Treasury  of  the  State  :  and  the 
sum  of  one  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropiiated  for  the  purpose  of  carrying  into 
effect  the  provisions  of  this  act,  and  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 

Passed  January  25,  1861. 


CHAPTEK  III. 

AN  ACT  to  define  the  time  of  holding  Courts  in  the  Nineteeidh 
Judicial  District. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  District  Courts  of  the  Nineteenth  Judicial 
District  shall  hereafter  be  held  as  follows: 

In  the  county  of  Bell  on  the  first  Mondays  in  March  and  Sep- 
tember in  each  year,  and  may  continue  in  session  two  weeks. 

In  the  county  of  Coryell  on  the  third  Mondays  after  the  first 
Mondays  in  March  and  September,  and  may  continue  in  session 
one  week. 

In  the  county  ot  Hamilton  on  the  fourth  Mondays  after  the 
first  Mondays  in  March  and  September,  and  may  continue  in 
session  one  week. 

In  the  county  of  Comanche  on  the  fifth  Mondays  after  the 
first  Mondays  in  March  and  September,  and  may  continue  in 
session  one  week. 

In  the  county  of  Palo  Pinto  on  the  sixth  Mondays  after  the 
first  Mondays  in  March  and  September,  and  may  continue'in 
session  one  week. 

In  the  county  of  Erath  on  the  seventh  Mondays  after  the  first 


r  5 

Mondays  in  March  and  September,  and  may  continue  in  session 
one  week. 

In  the  county  of  Bosque  on  the  eight  Mondays  after  the  first 
Mondays  in  March  and  September,  and  may  continue  in  session 
one  week. 

In  the  county  of  McLennan  on  the  ninth  Mondays  after  the 
first  Mondays  in  March  and  September,  and  may  continue  in 
session  until  the  business  is  disposed  of. 

Sec.  2.  That  all  writs  and  process  of  all  kinds  that  have  been 
or  may  be  hereafter  issued  from  the  District  Courts  of  the 
counties  mentioned  in  this  act,  shall  be  returnable  to  the  terms  of 
said  Court  as  established  by  this  act,  and  all  such  writs  and  pro- 
cess shall  have  the  same  force  and  effect  in  law  as  if  they  had 
originally  been  so  returnable. 

Sec.  3.  That  all  laws  and  parts  of  laws  conflicting  with  this 
act  are  hereby  repealed,  and  this  act  shall  take  effect  from  and 
after  its  passage. 

Approved  January  26,  1861. 


CHAPTER  IV. 

A  A  CT  to  give  additional  time  for  holding  the  Courts  in  the 
Twentieth  Judicial  District,  and  to  Change  the  time  of  hold- 
ing Courts  in  certain  Counties  in  said  District. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Courts  shall  be  held  in  the  Twentieth  Judicial 
District  in  each  year,  as  follows  :  In  the  county  of  Collin,  on 
the  first  Mondays  in  February  and  August,  and  may  continue 
in  session -three  weeks.  In  the  county  of  Denton,  on  the  third 
Mondays  after  the  first  Mondays  in  February  and  August,  and 
may  continue  in  session  two  weeks.  In  the  county  of  Wise  on  the 
fifth  Mondays  after  the  first  Mondays  in  February  and  August, 
and  may  continue  in  session  one  week.  In  the  county  of  Jack, 
on  the  sixth  Mondays  after  the  first  Mondays  in  February  and 
August,  and  may  continue  in  session  one  week.  In  the  county 
of  Young,  on  the  seventh  Mondays  after  the  first  Mondays  in 
February  and  August,  and  may  continue  in  session  one  week. 
In  the  county  of  Throckmorton,  on  the  eighth  Mondays  after 
the  first  Mondays  in  February  and  August,  and  may  continue  in 
session  one  week.  In  the  county  of  Archer,  on  the  ninth  Mon- 
days after  the  first  Mondays  in  February  and  August,  and  may 


continue  in  session  one  week.'  In  the  county  of  Clay,  on  the 
eleventh  Mondays  after  the  first  Mondays  in  February  and  Au- 
gust, and  may  continue  in  session  one  week.  In  the  county  of 
Montague,  on  the  twelfth  Mondays  after  the  first  Mondays  in 
February  and  August,  and  roa^y  continue  in  session  one  week. 
In  the  county  of  Cooke,  on  the  thirteenth  Mondays  after  the  first 
Mondays  in  February  and  August,  and  may  continue  in  session 
two  weeks.  .  In  the  county  of  Grayson,  on  the  fifteenth  Mon- 
days after  the  first  Mondays  in  February  and  August,  and 
may  continue  in  session  three  weeks. 

Sec.  2.  That  all  writs  and  process  that  have  been,  or  may 
hereafter  be  issued  from  any  of  the  District  Courts  of  the  coun- 
ties mentioned  in  this  act,  and  made  returnable  to  any  of  the 
terms  of  said  Courts  under  the  laws  now  in  force,  and  all  bonds 
and  recognizances  that  have  been,  or  may  hereafter  be,  made  re- 
turnable to  said  Courts,  shall  be  returned  to  the  terms  specified 
in  this  act,  and  shall  have  the  same  force  and  effect  as  if  the  same 
had  been  made  so  originally  returnable. 

Sec.  3.  That  so  much  of  the  act  entitled  "An  Act  to  amend 
the  second  section  of  an  act  to  create  the  Twentieth  Judicial 
District  of  the  State  of  Texas,"  approved  January  21,  1860,  as 
conflicts  with  the  provisions  of  this  act  be  and  the  same  is  here- 
by repealed. 

Sec.  4.  That  this  act  take  effect  and  be  in  force  from  ancl 
after  its  passage. 

Approved  25th  January,  1861. 


CHAPTER  Y. 

AN  ACT  directing  how   certain  funds  now  in   the  -Treasury 
shall  he  applied. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  nine  thousand  seven  hundred  and  sixty-eight  dol- 
lars and  sixty-two  cents  in  specie,  being  part  of  the  proceeds  of 
the  sale  of  the  University  lands,  now  in  the  Treasury;  and  also 
the  amount  of  seventeen  thousand  three  hundred  and  thirteen 
dollars  and  thirty  cents,  being  the  fund  accumulated  from 
deceased  estates,  in  specie,  now  in  the  Treasury,  shall  be  applied 
to  the  payment  of  the  mileage  and  per  diem  pay  of  the  Mem- 
bers, and  the  per  diem  pay  of  the  Officers,  of  the  present  extra 
sesssion  of  the  Eighth  Legislature,  and  the  contingent  expenses 


of  the  same;  provided  that  the  amount  disbursed  under  this  act 
shall  be  hereinafter  replaced  to  the  University  fund,  and  the  fund 
for  decedents  estates,  so  soon  as  the  amounts  so  used,  or  any 
part  thereof,  may  come  into  the  Treasury  from  current  revenue, 
not  appropriated  or  set  apart  for  any  other  use. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  January  29,  1861. 


CHAPTER  VI. 

AN  ACT  to  reorganize  the  Eighteenth  Judicial  District,  and 
regulate  the  time  of  holding  Courts  therein. 

Section  1.  Be  it  enacted  by  he  Legislature  of  the  State  of 
Texas,  That  the  counties  hereinafter  named  shall  compose  the 
Eighteenth  Judicial  District,  and  the  District  Courts  therein 
shall  be  held  as  follows,  to  wit  : 

In  the  county  of  Atascosa,  on  the  first  Mondays  of  April  and 
October,  and  may  continue  in  session  three  wee!:.?. 

In  the  county  of  Bandera,  on  the  third  Mondays  after  the  first 
Mondays  of  April  and  October,  and  may  continue  in  session  one 
week. 

In  the  county  of  Uvalde,  on  the  fourth  Mondays  after  the  first 
Mondays  of  April  and  October,  and  may  continue  in  session  two 
weeks. 

In  the  county  of  Medina,  on  th*e  sixth  Mondays  after  the  first 
Mondays  of  April  and  October,  and  may  contioue  in  session  three 
weeks. 

In  the  county  of  Wilson,  on  the  ninth  Mondays  after  the  first 
Mondays  of  April  and  October,  and  may  continue  in  session  two 
weeks. 

In  the  county  of  Kinney,  on  the  tenth  Mondays  after  the  first 
Mondays  of  April  and  October,  and  may  continue  in  session  one 
week. 

In  the  county  of  Maverick,  on  the  eleventh  Mondays  after  the 
first  Mondays  of  April  and  October,  and  may  continue  in  session 
one  week. 

Sec.  2.  That  all  writs  and  process  that  may  be  issued  from 
any  of  the  District  Courts  of  said  District,  shall  be  made  return- 
able to  the  terms  of  said  Courts,  as  established  by  this  act. 

Sec.  3.    That  ell  laws  and  parts  of  laws  conflicting  with  this 


8 

act  be  and  the  same  are  hereby  repealed,  and  that  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved  January  31,  1861. 


CHAPTER  VII. 

AN  ACT  making  an  appropriation  to  pay  the  mileage  and  per 
diem  of  the  Presidential  Electors. 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  sum  of  four  hundred  dollars,  or  so  much  thereof  a-8 
may  be  necessary,  be  and  the  same  is  hereby  appropriated  out  of 
any  unappropriated  money  in-  the  State  Treasury,  for  the  pay- 
ment of  the  mileage  and  per  diem  pay  of  T.  N.  Waul,  M.  D. 
Graham,  A.  T.  Rainey  and  John  A.  Wharton,  for  their  services 
as  Presidential  electors  in  the  year  1860. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  January  31,  1861. 


CHAPTER  VIII. 

AN  ACT  to  reorganize  the  Sixteenth  Judicial  District,  and  to 
define  the  time  of  holding  Courts  therein. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Sixteenth  Judicial  District  of  the  State  of 
Texas,  shall  hereafter  be  composed  of  the  counties  of  Ellis, 
Johnson,  Parker,  Tarrant,  Dallas,  Kaufman  and  Van  Zandt. 

Sec.  2.  The  District  Courts  shall  be  held  twice  in  each  year, 
in  said  District,  as  follows : 

In  the  county  of  Ellis,  on  the  first  Mondays  in  March  and 
September,  in  each  year,  and  may  continue  in  session  three  weeks. 

In  the  county  of  Johnson,  on  the  fourth  Mondays  in  March 
and  September,  and  may  continue  in  session  two  weeks. 

In  the  county  of  Parker,  on  the  second  Mondays  after  the 
fourth  Mondays  in  March  and  September,  and  may  continue  in 
session  three  weeks. 

In  the  county  of  Tarrant,  on  the  fifth  Mondays  after  the  fourth 


Mondays  in  March  and  September,  and  may  continue  in  session 
three  "weeks. 

In  the  county  of  Dallas,  on  the  eighth  Mondays  after  the 
fourth  Mondays  in  March  and  September,  and  may  continue  in 
session  three  weeks. 

In  the  county  of  Kaufman,  on  the  eleventh  Mondays  after  the 
fourth  Mondays  in  March  and  September,  and  may  continue  in 
session  two  weeks. 

In  the  county  of  Van  Zandt,  on  the  thirteenth  Monday  after 
the  fourth  Mondays  in  March  and  September,  and  may  continue 
in  session  until  the  business  is  disposed  of. 

Sec.  3.  All  writs  and  other  process  issued  from  the  .District 
Courts  of  any  of  the  counties  named  in  this  act,  shall  be  made 
returnable  to  the  terms  of  said  Courts  as  estaoHshed  by  this  act. 
And  all  cases  of  appeals  or  writs  of  Error  from  the  Judgments 
of  District  Courts  in  this  District,  shall  be  returnable  to  the 
Supreme  Court  at  Austin  ;  except  the  counties  of  Kaufman  and 
Van  Zandt,  which  shall  be  returnable  to  the  Supreme  Court  at 
Tyler. 

Sec.  4.  That  this  act  take  effect  from  its  passage. 

Approved  February  2,  1861. 


CHAPTER  IX. 

AN  ACT  supplemental  to  an  act  entitled  an  act,  to  regulate 
Estrays. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  no  animal  of  any  description,  shall  be  estrayed,  in 
any  county  in  this  State,  where  the  mark  and  brand  of  the  ani- 
mal is  of  record  in  said  county  ;  and  it  shall  be  the  duty  cf  every 
person  before  estraying  an  animal,  to  examine  the  record  cf 
marks  and  brands  of  the  county  in  which  he  lives,  and  if  he  finds 
the  mark  or  brand  that  is  upon  the  animal,  he  shall  not  estray 
the  same. 

Sec.  2.  Any  person  being  guilty  of  violating  any  of  the  pro- 
visions of  this  act,  shall  be  fined  in  the  sum  of  not  less  than  fifty 
nor  more  than  one  hundred  dollars,  to  be  recovered  before  any 
Justice  of  Peace  having  jurisdiction  of  the  same,  with  costs 
of  suit. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  5,  1861. 


10 

CHAPTER  X. 

AN  ACT  to  provide  for  the  protection  of  the  Frontier  of  the 
^State  of  Texas. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of 
Texas,  That  the  counties  of  Montague,  Jack,  Clay,  Wise, 
Young,  Parker,  Palo  Pinto,  Johnson,  Erath,  McLennan,  Co- 
manche, Hamilton,  Bosque,  Coryell,  Bell,  Lampasas,  Brown, 
San  Saba,  Llano,  Burnet,  Gillespie,  Bandera,  Frio,  Uvalde, 
Mason,  Medina,  Atascosa,  Live  Oak,  JSueces,  Starr,  Hidalgo, 
Cameron,  Zapata,  Webb,  El  Paso,  Blanco  and  Kerr,  and  that 
all  unorganized  counties  be  attached  as  for  Judicial  purposes — 
may  each  organize  a  company  of  Minute  Men  not  to  exceed  forty 
in  number,  (rank  and  file.) 

Sec,  2.  That  each  member  of  such  company,  shall  be  required 
to  keep  himself  furnished  with  a  suitable  horse,  gun,  navy  re- 
volver, at  least  one  hundred  rounds  of  ammunition,  ten  days' 
provisions,  and  all  necessary  equipments,  to  be  ready  at  any 
moment  when  called  on  to  take  the  field. 

Sec.  3.  That  said  Minute  Men  shall  be  exempt  from  poll  tax, 
militia,  road,  and  jury  duty,  and  when  in  actual  service,  shall  be 
entitled  to  one  dollar  and  fifty  cents  per  day,  covering  all  their 
claims  against  the  State. 

Sec.  4.  That  each  company  shall  be  entitled  to  one  Captain, 
and  if  numbering  twenty  men,  and  less  than  twenty-eight  men 
to  one  Lieutenant,  and  if  numbering  over  twenty-eight  men  to 
two  Lieutenants,  and  each  company  shall  be  entitle  1  to  one 
Sergeant  and  one  Corporal  for  every  ten  men  in  said  company. 

Sec.  5.  The  Chief  Justice  or  County  Court  of  each  county 
above  mentioned,  shall  cause  said  men  to  be  enrolled  and  organ- 
ize the  same  by  holding  elections,  and  when  organized,  the  Cap- 
tain of  each  company,  shall  return  a  muster-roll  certified  to  by 
the  Chief  Justice  or  County  Court  of  their  respective  counties,  to 
the  Governor  of  the  State,  and  another  copy  to  the  Comptroller. 

Sec.  6.  The  Captain  of  each  company,  when  engaged  in  actual 
service,  or  business  for  the  company  or  service,  shall  be  entitled 
to  two  dollars  and  fifty  cents  per  day  ;  and  Lieutenants,  when 
similarly  engaged,  to  two  dollars  per  day.  No  other  allowances 
shall  be  made  to  officers  or  men  but  the  amount  stated  as  "per 
diem"  in  this  act. 

Sec.  7.  From  each  company,  a  number  of  spies  not  exceeding 
ten  men,  and  one  commissioned  officer,  may  be  kept  in  constant 
service  as  scouts,  and  when  considered  necessary,  the  officer  in 


11 

command  may  call  out  part  or  the  whole  of  the  company,  hut  no 
larger  numher  than  ten  men  shall  at  any  one  time  he  entitled  to 
more  than  twelve  days  pay,  and  whenever  a  cg.ll  is  made,  the 
officer  commanding,  shall  make  a  correct  report  of  the  numher  of 
days  served  hy  each  man,  which  report  shall  be  certified  to  by 
the  Chief  Justice  or  the  County  Court  of  the  county  to  which 
such  company  belongs ;  that  the  call  was  justifiable  or  necessary 
from  the  notice  or  alarm,  which  report  shall  be  forwarded  imme- 
diately by  the  principal  officer  to  the  Gkvemor,  with  regular  re- 
ports to  be  made  at  least  once  in  every  three  months. 

Sec.  8.  The  Governor  shall  have  power  to  direct  that  the 
number  of  spies  may  be  reduced  in  any  county,  or  the  services 
of  the  whole  number  suspended,  but  the  company  shall  never- 
theless retain  its  organization,  and  hold  itself  in  readiness  for 
duty  whenever  the  circumstances  require  it. 

Sec.  9.  The  men  called  out  under  the  provisions  of  this  act, 
shall,  when  in  actual  service,  he  governed  by  the  rules  and  arti- 
cles of  war  governing  the  army  of  the  United  States,  wherever 
applicable,  and  when  not  in  actual  service,  by  such  by-laws  and 
regulations  as  they  may  make,  not  being  inconsistent  with  the 
Constitution  or  laws  of  this  State. 

Sec.  10.  That  this  act  take  effect  and  he  in  force  from  and 
after  its  passage. 

Passed  February  7,  1861. 


CHAPTER  XI. 

AN  ACT  to  'provide  for  submitting  the  Ordinance  of  Secession 
to  a  vote  of  the  People. 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  Chief  Justices,  or  other,  county  officers  required  by 
the  directions  of  the  State  Convention,  and  presiding  officers  of 
precincts  of  the  several  counties  of  this  State,  are  hereby  em- 
powered and  required  to  order  and  to  hold  elections  in  their 
respective  counties,  and  at  their  several  precincts,  on  such  day  or 
days  as  may  be  provided  therein,  for  the  ratification  or  rejection 
of  the  Ordinance  of  Secession  passed  by  a  convention  of  the  peo- 
ple assembled  in  the  city  of  Austin,  on  the  1st  day  of  February, 
A.D.  1861,  and  conduct  said  election  in  all  respects  according  to 
the  existing  laws  regulating  elections  for  members  of  the  Legis- 
lature, and  make  returns  thereof  in  such  manner  and  to  such 


12 

persons,  and  within  such  time,  as  may  be  prescribed  by  said  Con- 
vention, under  all  the  penalties  prescribed  in  the  laws  aforesaid. 

Sec.  2.  Be  it%  further  enacted,  That  all  qualified  electors  for 
members -of  the  Legislature  of  this  State  shall  be  entitled  to 
vote  at  said  election,  at  any  precinct  in  the  State,  and  indicate 
their  approval  or  disapproval  of  said  ordinance  by  the  use  of 
such  terms  as  may  be  prescribed  by  said  Convention. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  February  7,  1861. 


CHAPTER  XII. 

AN  ACT  to   extend  the  time  for  the  return  of    Pre-emption 
Field  Notes. 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  time  for  the  return  of  Pre-emption  Field  Notes  under 
the  various  pre-emption  laws,  be  extended  to  the  first  day  of 
January,  1862  ;  provided  nothing  herein  contained  shall  interfere 
with  vested  rights. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  7,  1861. 


CHAPTER  XIII. 

AN  ACT  to  amend  the  tenth  section  of  an  act  supplementary  to 
"  An  Act  supplementary  and  amendatory  of  an  act  to  regu- 
late Railroad  Companies^  approved  February  7,  1853,  ap- 
proved December  19,  1857,  approved  8th  February,  I860." 

Sec.  1.  Be  itenactedby  the  Legislature  of  the  State  of  Texas, 
That  the  tenth  section  of  "  An  Act  supplementary  to  an  act 
supplementary  and  amendatory  of  an  act  to  regulate  Railroad 
Companies,  approved  February  7,  1853,  approved  December  19, 
1857,  approved  8th  February,  I860,"  be  amended  so  as  hereafter 
to  read  as  follows  :  Sec.  10.  "  That  the  right  of  way  secured 
or  to  be  secured  to  any  Railroad  Company  in  this  State,  in  the 
manner  provided  by  law,  shall  not  be  so  construed  as  to  include 


13 

the  fee  simple  estate  in  lands,  either  public  or  private,  nor  shall 
the  same  be  lost  by  the  forfeiture  or  expiration  of  the  charter, 
but  shall  remain  subject  to  an  extension  of  the  charter,  or  the 
grant  of  a  new  charter  over  tho  same  way,  without  a  new  con- 
demnation." Provided,  however,  that  no  Eailroad  Company 
shall  have  the  power,  either  by  its  own  employees  or  other  per- 
sons, to  construct  any  buildings  along  the  line  of  their  railroads 
to  be  occupied  by  their  employees,  or  others,  except  at  their  re- 
spective depot  stations,  and  at  such  stations  only  such  buildings 
as  may  be  necessary  for  the  transaction  of  their  legitimate  busi- 
ness operations  and  for  shelter  for  their  employees  ;  nor  shall 
they  use,  occupy  or  cultivate  any  part  of  the  right  of  way  over 
which  their  respective  roads  may  pass,  with  the  exception  afore- 
said, for  any  other  purpose  than  the  construction  and  keeping  in 
repair  their  respective  railways. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  7,  1861. 


CHAPTER  XIV. 


AN  ACT  prescribing  the  order  of   determining  Cases  in  the 
Supreme  Court. 


Sec.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  cases  on  the  dockets  of  the  Supreme  Court  shall  be 
determined  in  the  order  in  which  they  stand  upon  the  docket,  or 
have  been  or  may  be  submitted  to  the  Court,  except  when  con- 
tinued by  consent  or  to  make  parties,  or  for  the  return  of  any 
writ,  or  in  cases  which  have  been  heard  by  two  of  the  Judges 
only,  and  they  are  unable  to  agree. 

Sec.  2.  This  act  shall  not  apply  to  criminal  cases,  nor  shall  it 
be  construed  to  interfere  with  the  setting  apart  particular  times 
for  the  hearing  of  causes  from  particular  districts  as  heretofore. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its  passage 

Approved  February  7,  1861, 


14 

CHAPTER  XV. 

AN  ACT  to  amend  an  act  entitled  an  act  to  organize  Justices 
Courts,  and  to  define  the  powers  and  Jurisdiction  of  the 
same,  approved  March  20;  1848." 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  section  fifty-two  in  said  act  be  so  amended  as  hereafter  to 
read  as  follows  :  "  A  Justice  of  the  Peace  may  grant  a  stay  of 
execution  on  any  judgment  for  money  rendered  by  himself,  on  a 
civil  suit,  for  nine  months."  Provided  the  person  or  persons 
against  whom  such  judgment  was  rendered  shall  with  one  or 
more  good  and  sufficient  sureties,  to  be  approved  by  such  Jus- 
tice, appear  before  him  and  acknowledge  themselves  and  each  of 
them  bound  to  the  successful  party  in  such  sum  as  shall  secure 
the  amount  of  the  judgment,  interest  and  costs  ;  which  ac- 
knowledgement shall  be  entered  by  the  Justice  on  his  docket, 
and  shall  have  the  force  and  effect  of  a  judgment  against  the 
persons  making  the  acknowledgement,  upon  which  execution 
shall  issue  for  the  amount  of  the  original  judgment,  interest  and 
costs,  in  Case  the  same  shall  not  be  paid,  on  or  before  the  expi- 
ration of  such  stay.  Provided  that  no  such  stay  shall  be  granted 
unless  applied  for  and  perfected  within  ten  days  after  the  re- 
covery of  the  original  judgment. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  7,  1861, 


CHAPTER  XVI. 

AN  ACT  Providing  what  shall  be  sufficient  prima  facie  evi~ 
dence  in  certain  cases  in  suits  brought  by  the  Stcde  of  Texas, 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  in  every  case  of  delinquency  on  the  part  of  any 
officer  or  agent  of  this  State,  and  in  all  cases  where  such  officers 
or  agents  fail  to  pay  to  the  State  any  money  due  by  them  to  the 
State,  where  suit  has  been  or  shall  be  instituted  by  the  State 
against  such  officer  or  agent  on  account  thereof,  a  transcript 
from  the  books  and  proceedings  of  the  office  of  Comptroller  of 
Public  Accounts.,  containing  a  true  statement  of  accounts  be- 


15 

tween  the  State  and  the  party,  authenticated  under  the  seal  of 
said  office,  shall  be  admitted  as  prima  facie  evidence,  and  the 
Court  trying  the  cause  may  thereupon  render  judgment  accord- 
ingly; and  all  copies  of  bonds,  contracts,  or  other  papers  relating 
to  or  connected  with  any  account  between  the  State  of  Texas  and 
an  individual,  sued  as  aforesaid,  wheu  certified  h}  the  Comp- 
troller of  Public  Accounts  to  be  true  copies  of  the  originals  on 
file  in  said  office,  and  authenticated  under  the  seal  of  said  office  as 
aforesaid,  may  be  annexed  to  such  transcripts,  and  sball  have 
equal  validity  and  be  entitled  to  the  same  degree  of  credit  that 
would  be  due  to  the  original  papers  if  produced  and  proved  in 
Court;  provided  that  where  such  suit  is  brought  upon  a  bond  or 
other  written  instrument,  and  the  defendant  shall  plead  :'no?i  est 
factum,"  or  by  plea  under  oath  deny  the  execution  of  such  bond 
or  instrument,  the  Court  shall  require  the  production  and  proof 
of  execution  of  the  original  bond,  contract,  or  other  paper  speci- 
fied in  the  plea. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  Feb.  8,  1861. 


CHAPTER  XVII. 

AN  ACT  To  provide  for  running  the  county  lines  between  the 
counties  of  Marion,  Cass  and  Titus. 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  A.  J.  Simons  be  and  he  is  hereby  appointed  and 
constituted  a  Commissioner,  under  oath,  to  run  and  mark  the 
county  lines  between  the  counties  of  Marion.  Cass  and  Titus,  in 
accordance  with  the  provisions  of  an  act  approved  Feb.  8,  1860, 
entitled  An  Act  creating  the  county  of  Marion,  and  providing 
for  the  holding  of  the  District  Courts  therein;  the  said  county 
lines  to  be  run  and  marked  and  a  copy  of  the  field  notes 
returned  to  each  of  the  said  counties  on  or  before  the  first  day 
of  June  next;  and  when  so  run,  marked,  and  the  field  notes 
thus  returned,  the  same  shall  be  recognized  and  held  valid  as  the 
boundary  line  between  said  counties  of  Marion,  Cass  and  Titus, 
and  the  said  Commissioner  shall  be  entitled  to  receive  the  same 
fees  as  are  allowed  by  law  for  surveying  the  same,  to  be  paid 
equally  by  the  counties  of  Marion  and  Cass,  in  proportion  to 
the  length  of  the  lines  in  which  each  are  interested. 


16 

Sec.  2.     That  this  act  take  effect   and  be  in  force  from  and 
after  its  passage. 
Approved  Feb.  8,  1861. 


CHAPTER  XVIII. 

AN  ACT  To  reorganize  the  Seventeenth  Judicial  District,  and 
define  the  time  of  holding  Courts  therein. 

Sec.  1.  Be  it  enacted  oy  the  Legislature  of  the  State  of  Texas, 
That  the  seventeenth  judicial  district  shall  hereafter  consist  of 
the  counties  of  Williamson,  Burnet,  Llano,  Mason,  San  Saba, 
Brown  and  Lampasas,  and  the  District  Courts  shall  be  held 
twice  in  each  year  in  each  of  said  counties  as  follows: 

In  the  county  of  Williamson  on  the  second  Mondays  in  March 
and  September,  and  may  continue  in  session  four  weeks. 

In  the  county  of  Burnet  on  the  fourth  Mondays  after  the 
second  Mondays  in  March  and  September,  and  may  continue  in 
session  one  week. 

In  the  county  of  Llano  en  the  fifth  Mondays  after  the  second 
Mondays  in  March  and  September,  and  may  continue  in  session 
one  week. 

In  the  county  of  Mason  on  the  sixth  Mondays  after  the  second 
Mondays  in  March  and  September,  and  may  continue  in  session 
one  week. 

In  the  county  of  San  Saba  on  the  seventh  Mondays  after  the 
second  Mondays  in  March  and  September,  and  may  continue  in 
session  one  week. 

In  the  county  of  Brown  on  the  eighth  Mondays  after  the 
second  Mondays  in  March  and  September,  and  may  continue  in 
session  one  week. 

In  the  county  of  Lampasas  on  the  ninth  Mondays  after  the 
second  Mondays  in  March  and  September,  and  may  continue  in 
session  until  the  business  is  disposed  of. 

Sec.  2.  That  all  process,  bonds,  recognizances,  and  process 
of  all  kinds,  already  issued,  taken,  or  made  returnable  to  the 
terms  of  said  court  heretofore  established  by  law,  or  which 
may  be  hereafter  so  issued,  taken  or  made  returnable,  shall  be 
considered  and  taken  as  made  for  the  terms  herein  established 
for  said  courts,  and  that  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  Feb.  8,  1861. 


17 

CHAPTER  XIX. 

AN  ACT  Making  an  appropriation  to  pay  for  supplies  fur- 
nished the  troops  now  on  the  frontier. 

Sec.  1.  Be  it  enactedby  the  Legislature  of  the  State  of  Texas, 
That  the  sum  of  twenty-five  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  he  and  the  same  is  hereby  appropriated  to 
pay  for  supplies  furnished,  and  to  purchase  supplies  for  the  troops 
now  on  the  frontier,  which  appropriation  shall  be  paid  out  of  the 
United  States  bonds  now  in  the  Treasury,  arising  from  the  sales 
of  the  University  lands;  the  said  bonds  to  be  paid  out  at  their 
common  market  value,  and.  the  amount  so  paid  shall  become  a 
charge  against  the  State,  and  be  returned  to  the  University  fund 
without  interest  whenever  the  condition  of  the  Treasury  will 
allow  the  same  to  be  done. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  Feb.  8,  1861. 


CHAPTER  XX. 

AN  ACT  To  extend  the  time  for  the  survey  cf  Railroad  cer- 
tificates heretofore  issued. 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  owners  of  railroad  certificates  heretofore  issued  which 
have  not  been  or  which  may  not  be  located  and  surveyed  within 
the  time  prescribed  by  law,  shall  have  twelve  months  further 
time  in  which  to  survey  the  same. 

Approved  Feb.  8, 1861. 


CHAPTER  XXI. 

AN  ACT  To  appropriate  money  to  pay  Minute  Men  for  ser- 
vice on  the  frontier. 

Sec.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas, 
That  the  sum  of  one  hundred   thousand   dollars,   or  so   much 
thereof  as  may  be  necessary,  be  and  is  hereby  appropriated  out 
B 


18 

of  any  money  in  the  Treasury  not  otherwise  appropriated,  for 
the  payment  of  Minute  Men  engaged  in  defence  of  the  frontier 
during  the  year  1860,  by  order  of  the  Governor,  and  those  that 
may  render  service  under  the  existing  laws  during  the  present 
year. 

Sec.  2.  That  payments  shall  be  made  to  the  parties  entitled 
thereto  by  the  Comptroller  of  the  State  every  three  months,  on 
pay  rolls  properly  certified,  and  in  case  there  shall  not  at  any 
time  be  a  sufficient  amount  of  funds  (over  and  above  what  may 
be  necessary  to  defray  the  ordinary  current  expenses  of  the  gov- 
ernment) to  make  said  payment,  then  it  shall  be  the  duty  of  the 
Comptroller,  Treasurer  and  Governor  to  issue  a  warrant  on  the 
Treasury  for  such  amount,  in  accordance  with  existing  laws  on 
the  subject. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  Feb.  8,  1861. 


CHAPTER  XXII. 

AN  ACT  Supplemental  to  an  act  entitled  "An  act  to  provide 
for  submitting  the  ordinance  of  secession  to  a  vote  of  the 
people" %)assed  at  the  present  session. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Governor  be  and  he  is  hereby  authorized  and 
required  to  issue  forthwith  his  proclamation  tor  the  election  pro- 
vided for  in  the  act  to  which  this  is  a  supplement,  directing  the 
vote  to  be  taken  and  returns  to  be  made  in  the  manner  prescribed 
in  said  act,  and  in  the  ordinance  of  the  Convention  on  the  sub- 
ject. 

Sec.  2.  In  addition  to  the  returns  to  be  made  as  provided  in 
the  ordinance  aforesaid,  it  shall  be  the  duty  of  the  county 
officers  to  whom  returns  of  said  election  are  made,  to  make 
returns  of  their  respective  ^bounties  to  the  Secretary  of  State; 
and  such  returns  shall  be  filed,  and  counted  by  him  in  the 
presence  of  the  Governor  and  Attorney  General;  any  returrs 
received  within  fifteen  days  after  the  second  day  of  March,  1861, 
shall  in  like  manner  be  filed  and  counted,  and  all  such  retun  8 
shall  become  a  record  of  the  State  Department. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  with  a  protest  against  the  short  time  allowed  for 
notice,  February  9,  1861. 


13 

CHAPTEK  XXIII. 

AN  ACT  authorizing  Treasury    Warrants  to  be  received  in 
payment  of  certain  dues. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Comptroller  and  Treasurer  shall  receive  Treas- 
ury Warrants  for  money  in  settlement  with  any  individual 
indebted  to  the  State,  for  lands  under  the  different  pre-emption 
laws,  or  laws  authorizing  the  sale  of  University  lands,  or  laws 
providing  for  the  sale  of  the  public  domain.  Provided,  that 
the  Comptroller  and  Treasurer  shall  transfer  to  the  credit  of  the 
University  and  common  school  fund  such  warrants  as  may  be 
received  in  payment  for  lands  appropriated  for  the  university 
and  for  common  shools,  respectively.  Which  said  warrants  shall 
be  paid  out  of  any  money  in  the  Treasury  not  necessary  to  pay 
other  appropriations. 

Sec.  2.  The  Board  of  School  Commissioners  are  hereby  au- 
thorized to  receive  Treasury  Warrants  in  payments  of  the  two 
per  cent,  for  a  sinking  fund,  payable  by  railroad  companies  in 
whose  bonds  the  special  school  fund  has  been,  or  may  hereafter 
be  invested ;  and  said  warrants  shall  be  held  for  the  credit  of 
said  special  school  fund  in  like  manner  as  provided  by  law  for 
the  investment  of  said  sinking  fund  in  State  stocks. 

Sec.  3.  Where  Treasury  Warrants  are  tendered  under  the 
provisions  of  this  act  in  payment  of  any  indebtedness,  the  in- 
terest shall  be  computed  and  allowed,  and  where  the  warrants 
exceed  the  indebtedness,  the  holder  shall  be  entitled  to  a  war- 
rant for  the  residue. 

Sec.  4.  That  all  laws  and  parts  of  laws  conflicting  with  the 
provisions  of  this  act,  be  and  the  same  are  hereby  repealed  ; 
and  that  this  act  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  9,  1861. 


CHAPTER  XXIV. 

AN  ACT  supplementary  to  an  act  providing  for  the  appoint- 
ment of  Pilots,  passed  April  7,  1846. 

Section  1.   Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Governor  be  and  he  is  hereby  authorized  and 


20 

required  to  appoint,  by  and  with  the  advice  and  consent  of  the 
Senate,  not  less  than  two  nor  more  than  four  conrpetent  per- 
sons to  act  as  Pilots  in  Matagorda  and  Lavaca  Bays,  from  Pass- 
Cavalla  to  Indianola  and  Lavaca,  in  this  State  ;  and  the  per- 
son or  persons  so  appointed  shall  hold  their  offices  for  two  years, 
and  until  their  successors  are  appointed  and  qualified  in  the 
manner  provided  for  in  this  act.  Before  any  person  appointed 
under  the  provisions  of  this  act  shall  enter  upon  the  discharge 
of  his  duties,  he  shall  execute  and  deliver  to  the  Chief  Justice 
of  Calhoun  county  a  bond  with  two  or  more  good  and  sufficient 
sureties,  to  be  approved  by  the  said  Chief  Justice,  and  payable 
to  the  Governor  of  the  State,  in  the  sum  of  five  thousand  dol- 
lars, conditioned  for  the  faithful  performance  of  the  duties  of 
his  office,  and  shall  also  take  and  subscribe  the  oath  of  office 
prescribed  by  the  Constitution,  which  oath  shall  be  endorsed  on 
or  annexed  to  said  bond,  with  the  certificate  of  the  officer  ad- 
ministering the  same,  said  bond  and  oath  shall  be  recorded 
in  the  office  of  the  Clerk  of  the  County  Court,  and  deposited 
tiierein  :  and  said  bond  shall  not  be  void  on  the  first  recovery, 
but  may  be  sued  on  from  time,  in  the  manner  of  any  person  or 
persons  injured  by  a  breach  thereof,  until  the  whole  penalty 
shall  have  been  recovered. 

Whenever  a  vacancy  shall  happen  in  the  office  of  Pilot  daring 
the  recess  of  the  Senate,  the  Governor  shall  have  power  to  make 
an  appointment  to  fill  such  vacancy,  and  the  person  so  appointed 
shall  continue  to  perform  the  duties  of  his  office  until  a  suc- 
cessor is  appointed  and  qualified  in  the  manner  provided  for 
original  appointments. 

If  any  person  not  appointed  a  pilot  or  deputy  pilot  shall  pilot 
any  ship  or  vessel  through  the  channel  of  said  bays,  up  or  down, 
the  person  so  piloting  shall  be  liable  to  any  pilot  duly  licensed, 
full  pilotage  to  be  recovered  by  suit  before  any  Justice  of  the 
Peace  in  said  county.  Each  pilot  appointed  under  the  provis- 
ions may,  by  writing  under  his  hand,  appoint  a  deputy  pilot 
to  discharge  his  duties  ;  but  he  shall  be  responsible  for  all  official 
acts  ot  such  deputy,  in  like  manner  as  if  such  act  were  done  by 
himself.  It  shall  be  the  duty  of  the  pilots  of  the  aforesaid 
Bays  to  keep  the  channels  always  properly  staked  and  marked 
out ;  and  in  default  thereof  they  shall  be  subject  to  removal  or 
suspension.  All  vessels  that  draw  five  feet  of  water  and  more, 
under  this  law,  shall  be  subject  to  pay  any  licensed  pilot  half 
pilotage,  who  shall  hail  said  vessel  and  offer  his  services  as  pilot, 
in  case  said  vessel  chooses  to  proceed  without  a  pilot.  The  rate 
of  pilotage  for  the  Bays  aforesaid  shall  be  two  dollars  and  fifty 


21 

cents  for  each  foot  of  water  which  the  vessel  draws  at  the  time 
of  piloting.  The  Governor  shall  appoint,  with  the  consent  of 
the  Senate,  or  without  their  consent  during  its  recess,  a  Board 
of  Commissioners  of  Pilots  for  said  Bays  aforesaid,  in  accord- 
ance with  the  provisions  of  the  act  of  which  this  is  a  supple- 
ment. The  duties  of  the  Board  of  Commissioners  and  of  the 
pilots  not  herein  enumerated,  shall  be  the  same  as  provided  in 
the  original  act  of  April  7,  1846,  of  which  this  act  is  a  supple- 
ment ;  and  they  shall  be  subject  to  suspension  or  removal  for 
the  same  causes  and  by  similar  process. 

Sec.  2.  That  this  act  shall  take  effect  from  and  after  its 
passage. 

Approved  February  9,  1861. 


CHAPTER  XXV. 

AN  ACT  to  reorganize  the  Eighth  and  Twentieth  Judicial  Dis- 
tricts, and  to  define  the  time  of  holding  the  District  Courts 
therein. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  District  Courts  in  the  several  counties,  com- 
prising the  Eighth  Judicial  District,  shall  be  holden  twice  in 
each  year,  as  follows  : 

Beginning  in  the  county  of  Cass,  on  the  second  Mondays 
after  the  first  Mondays  in  February  and  August,  and  may  con- 
tinue in  session  two  weeks. 

In  the  county  of  Bowie,  on  the  fourth  Mondays  after  the  first 
Mondays  in  February  and  August,  and  may  continue  in  session 
two  weeks. 

In  the  county  of  Red  River,  on  the  sixth  Mondays  after  the 
first  Mondays  in  February  and  August,  and  may  continue  in 
session  three  weeks. 

In  the  county  of  Lamar,  on  the  ninth  Mondays  after  the  first 
Mondays  in  February  and  August,  and  may  continue  in  session 
two  weeks. 

In  the  county  of  Hopkins,  on  the  eleventh  Mondays  after  the 
first  Mondays  in  February  and  August,  and  may  continue  in 
session  two  weeks. 

In  the  county  of  Titus,  on  the  thirteenth  Mondays  after  the 
first  Mondays  in  February  and  August,  and  may  continue  in 
session  two  weeks. 


22 

In  the  county  of  Marion,  on  the  fifteenth  Mondays  after  the 
first  Mondays  in  February  and  August,  and  may  continue  in 
session  until  the  business  is  disposed  of. 

Sec.  2.  That  the  counties  of  Hunt  and  Fannin  shall  be 
attached  to  and  become  a  part  of  the  Twentieth  Judicial  Dis- 
trict, and  the  Courts  in  said  counties  skarl  be  held  twice  in 
each  year,  as  follows : 

In  the  county  of  Hunt,  on  the  last  Mondays  in  January  and 
July,  and  may  continue  in  session  one  week. 

In  the  county  of  Fannin,  on  the  eighteenth  Mondays  after 
the  first  Mondays  in  February  and  August,  and  may  continue 
in  session  two  weeks. 

Sec.  3.  That  all  writs  and  process  that  have  been  or  may 
hereafter  be  issued  from  any  of  the  District  Courts  of  the  Eighth 
Judicial  District,  and  from  the  District  Courts  of  the  counties 
of  Hunt  and  Fannin,  shall  be  returnable  as  provided  by  this 
act,  and  all  bonds  and  recognizances  that  have  been  or  may 
hereafter  be  made  so  returnable,  shall  be  returned  to  the  terms 
specified  in  this  act,  and  shall  have  the  same  force  and  effect  as 
if  made  so  originally  returnable. 

Sec.  4.  That  all  cases  of  appeal  or  writs  of  error  from  the 
decisions  of  the  District  Courts  of  the  counties  of  Hunt  and 
Fannin  shall  be  returnable  to  the  branch  of  the  Supreme  Court 
at  Tyler,  and  all  laws  and  parts  of  laws  conflicting  with  this 
act  be  and  the  same  are  hereby  repealed. 

Sec.  5.  That  this  act  take  effect  and  be  in  force  from  and  after 
first  day  of  July,  1861. 

Approved  February  13,  1861. 


CHAPTEK   XXVI. 

AN  ACT  changing  the  time  of  holding  the  District  Court  in 
the  Ninth  Judicial  District. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  District  Courts  of  the  Ninth  Judicial  District 
shall  hereafter  be  held  as  follows  : 

The  District  Court  of  Houston  county  shall  be  held  on  the 
third  Mondays  of  February  and  August,  and  may  continue  in 
session  three  weeks. 

The  District  Court  of  Cherokee  county  shall  be  held  on  the 
third  Monday  after  the  third  Mondays  of  February  and  Au- 
gust, and  may  continue  in  session  five  weeks. 


23 

The  District  Court  of  Anderson  county  shall  be  held  on  the 
eighth  Mondays  after  the  third  Mondays  of  February  and  Au- 
gust, and  may  Continue  in  session  four  weeks. 

The  District  Court  of  Henderson  county  shall  be  held  on  the 
twelfth  Monday  after  the  third  Mondays  of  February  and  Au- 
gust, and  may  continue  in  session  three  weeks. 

The  District  Court  of  Smith  county  shall  be  held  on  the 
fifteenth  Monday  after  the  third  Mondays  of  February  and 
August,  and  may  continue  in  session  until  the  business  is  dis- 
posed of. 

And  all  writs  and  other  process  of  every  description  pertaining 
to  said  Courts  shall  be  returned  in  accordance  with  the  provis- 
ions of  this  act. 

Sec.  2.  That  all  laws  and  parts  of  laws  in  conflict  with  this 
act  be  and  the  same  are  hereby  repealed,  and  that  this  act  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  March  19,  1861. 


CHAPTER  XXVII. 

AN  ACT  to  amend  the  third  section  of  an  act  entitled  i:  An 
Act  to  regulate  the  descent  and  distribution  of  intestate 
estates,1"  approved  March  18,  1848. 

r  Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  section  third  of  "An  Act  to  regulate  the  descent 
and  distribution  of  intestate  estates,"  approved  March  18, 184S, 
be  and  the  same  is  hereby  amended  so  as  to  read  as  follows  : 

There  shall  be  no  distinction  in  reorilatinrr  the  descent  and 
distribution  of  intestate  estates  between  property  which  may 
have  been  derived  by  such  intestate  by  gift,  devise  or  descent, 
from  the  father,  and  that  which  may  have  been  derived  by  gift, 
devise  or  descent  from  the  mother  ;  and  all  the  estate  to  which 
such  intestate  may  have  had  title  at  the  time  of  death  shall 
descend  and  vest  in  the  heirs  of  such  person  in  the  same  manner 
as  if  he  or  she  had  been  the  original  purchaser  thereof :  Pro- 
vided, however,  that  if  such  intestate  was  the  legally  adopted 
heir  of  another  in  accordance  with  "An  Act  to  prescribe  the 
mode  of  adoption,"  approved  January  16,  1850,  and  dies  leaving 
no  surviving  husband  or  wife  and  no  children,  then  so  much  of 
his  or  her  estate  as  was  obtained  by  gift,  devise  or  descent,  from 
the  person  adopting  him  or  her,  shall  descend  to  the  person  and 
his  or  her  heirs  who  adopted  such  intestate. 


24 

Sec.  2.  That  all  laws  and  parts  of  laws  conflicting  with  this 
act  be  and  the  same  are  hereby  repealed  ;  and  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage.* 

Passed  March  20,  1861. 


CHAPTER  XXVIII. 

AN  ACT  to  provide  for  the  funding  of  the  debt  contracted  for 
the  protection  of  the  frontier. 

Whereas,  the  State  of  Texas  has  incurred  an  indebtedness 
under  the  several  laws  passed  for  the  protection  of  the  frontier 
from  Indian  and  Mexican  invasion,  the  liquidation  of  which 
should  be  provided  for  ;  therefore, 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  there  shall  be  issued  the  bonds  of  the  State  of 
Texas  for  the  sum  of  three  hundred  thousand  dollars,  or  so  much 
as  may  be  necessary,  payable  on  first  day  of  July,  1871,  bear- 
ing interest  at  the  rate  of  eight  per  cent,  per  annum,  payable  on 
the  first  days  of  July  and  January  of  every  year,  for  which 
coupons  shall  be  attached.  Said  bonds  shall  be  signed  by  the 
Comptroller  and  Treasurer  and  countersigned  by  the  Governor, 
and  shall  be  in  bonds  of  one  hundred  dollars  and  one  thousand 
dol]ars. 

Sec.  2.  The  holder  of  any  warrant  issued  under  the  laws  for 
the  protection  of  the  frontier  or  for  pay  for  minute  men,  may 
present  the  same  to  the  Comptroller,  and  have  the  same  ex- 
changed for  the  bonds  by  this  act  authorized  to  be  issued. 

Sec.  3.  There  is  hereby  set  apart  and  especially  pledged  for 
the  payment  of  the  interest  upon  these  bonds,  and  as  a  fund  for 
the  redemption  of  the  principal,  one-tenth  part  of  the  annual 
revenue  derivable  from  direct  taxes  ;  and  for  the  same  purpose 
there  is  also  hereby  especially  pledged  and  set  apart  all  moneys 
arising  from  the  sales  of  Indian  reserved  lands  hereafter  to  be 
made. 

Sec  4.  This  act  shall  take  effect  and  be  in  force  from  and 
[after]  its  passage. 

Approved  March  20,  18C1. 


25 
CHAPTER  XXIX. 

AN  ACT  for  the  relief  of  the  Memphis  and  El  Paso  Railroad 
Company,  and  all  other  railroad  companies. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  that  portion  of  the  Memphis,  El  Paso  and  Pacific 
Railroad  between  the  city  of  Jefferson,  in  the  county  of  Marion, 
and  Morris's  Landing,  on  Sulphur  Fork  of  Red  River,  be  entitled 
to  receive  certificates  for  land,  in  number  and  quantity  as  fol- 
lows, to  wit :  Whenever  it  shall  be  made  known  to  tho  Com- 
missioner of  the  General  Land  Office  of  this  State,  by  report 
under  oath,  from  the  President  and  Chief  Engineer  of  said  rail- 
road company  that  any  division  of  five  continuous  miles  is 
graded  and  ready  for  the  superstructure  of  said  road,  said  Com- 
missioner is  hereby  required  to  issue  to  said  company,  in  their 
corporate  name,  for  each  mile  thereof,  ten  certificates  tor  land  of 
sis  hundred  aud  forty  acres  each,  which  certificates,  when  issued, 
may  be  located  and  patented  as  other  certificates  issued  to  said 
company,  under  its  charter :  Provided,  that  this  act  shall  not 
be  so  construed  as  to  extend  to  9ny  other  portion  of  said  road  ; 
nor  that  it  shall  be  construed  to  grant  any  more  or  any  less  lands 
to  said  division  of  said  road  than  is  now  granted  under  the 
charter  of  said  road,  and  under  the  general  railroad  laws  of  this 
State :  Provided,  that  the  provisions  of  this  act  shall  apply 
and  inure  to  the  benefit  of  all  the  railroads  in  this  State,  for  the 
distance  of  forty-five  miles,  now  organized  and  having  an  exist- 
ing bona  fide  contract  for  the  construction  of  not  less  than  ten 
miles. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  March  20,  1861. 


CHAPTER  XXX. 

AN  ACT  to  prescribe  the  pay  and  mileage  of  the  Members, 
and  pay  of  the  Officers,  of  the  State  Convention,  and  to 
make  an  appropriation  for  the  same.       , 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Members  and  Officers  of  the  State  Convention 
shall  be  entitled  to  receive  the  same  per  diem  pay  and  mileage 
as  Members  and  Officers  of  the  State  Legislature  are  entitled  to 


26 

by  law,  to  be  paid  upon  the  certificate  of  the  Secretary  of  the 
Convention;  provided,  however,  that  the  Members  of  the  Leg- 
islature who  are  also  delegates  to  the  Convention  shall  not 
receive  any  mileage  as  Members  of  the  Convention. 

Sec.  2.  That  the  sum  of  eighty  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  be  and  the  same  is  hereby  appropri- 
ated out  of  the  annual  taxes  for  1860,  and  may  be  paid  by 
drafts  drawn  on  Assessors  and  Collectors  by  the  Comptroller  of 
the  State. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  23,  1861. 


CHAPTER  XXXI. 

AN  ACT  Supplemental  to  an  act  making  an  appropriation  to 
defray  the  expenses  of  the  Convention,  passed  23d  day  of 
March,  A.  D.  1861. 

.Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Texas,  That  Members  of  the  Convention  shall  be  entitled  to 
receive  mileage  for  the  adjourned  session  of  the  Convention,  and 
that  the  same  shall  be  paid  out  of  the  appropriation  made  to 
defray  the  expenses  of  the  Convention,  and  in  the  manner  pre- 
scribed intbe  bill  to  which  this  is  a  supplement. 

Sec.  2.  That  the  Comptroller  and  Treasurer,  are  hereby 
authorized  and  required  to  audit  and  allow  the  pay  of  the  Offi- 
cers of  the  Convention  at  the  terms  and  figures  allowed  and 
fixed  by  the  Convention  for  their  services;  to  be  paid  out  of  the 
fund  appropriated  by  the  act  to  which  this  is  a  supplement  for 
the  pay  of  the  Convention. 

Sec.  3.     This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  March  29,  1861. 


CHAPTER  XXXII. 

AN  ACT  Further  regulating  proceedings  in  the  District  Court. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  in  all  suits  where  service  of  process  has  been  made 
by  publication,  and  the  defendant  has  not  answered,  whenever  it 


27 

becomes  necessary  to  serve  the  defendant  with  any  notice  of  the 
riling  of  instruments  of  writing,  or  notice  to  produce  deeds  or 
papers,  service  of  such  notice  may  be  made  at  any  time  after  the 
first  day  of  the  term  of  the  Court  to  which  such  process  has 
been  returned,  executed  by  filing  such  notice  in  Court  among 
the  papers  of  the  suit  at  least  two  days  before  the  trial  thereof; 
and  in  such  suits,  whenever  it  becomes  necessary  to  serve  the 
defendant  with  notice  of  the  filing  of  interrogatories,  service  of 
such  notice  may  be  made  at  any  time  after  the  first  day  of  the 
Court  to  which  such  process  has  been  returned,  executed  by  filing 
such  notice  among  the  papers  of  the  suit  at  least  twenty  days 
before  the  issuance  of  a  commission  to  take  the  answers  to  such 
interrogatories. 

Sec.  2.     The  provisions  of  this  act  in  respect  to  the  service  of 
notices  are  merely  cumulative. 

Sec.  3.     This  act  shall  take  effect  from  and  after  its  passage. 

Approved  April  1.  1861. 


CHAPTER  XXXIII. 

AN  ACT  To  amend  the  second  section  of  an  act  to  re-organize 
the  Fifteenth  Judicial  District,  and  to  regulate  the  time  of 
holding  Courts  therein. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  second  section  of  an  act  to  reorganize  the  fif- 
teenth judicial  district,  and  regulate  the  time  of  holding  courts 
therein,  approved  February  16,  1858,  be  amended  so  as  to  here- 
after read  as  follows  : 

Sec.  2.  The  district  courts  of  the  fifteenth  judicial  district 
shall  commence  in  Chambers  county  on  the  second  Mondays  in 
March  and  September,  and  may  continue  in  session  one  week. 

In  Liberty  county  on  the  third  Mondays  in  March  and  Sep- 
tember, and  may  continue  in  session  two  weeks. 

In  Polk  county  on  the  second  Mondays  after  the  third  Mon- 
days in  March  and  September,  and  may  continue  in  session  two 
weeks. 

In  Trinity  county  on  the  fourth  Mondays  after  the  third  Mon- 
days in  March  and  September,  and  may  continue  in  session  two 
weeks. 

In  Tyler  county  on  the  sixth  Mondays  after  the  third  Mon- 
days in  March  and  September,  and  may  continue  in  session  two 
weeks. 

In  Hardin  county  on  the  eighth  Mondays  after  the  third  Mon- 


28 

days  in  March  and  September,  and  may  continue  in  session  one 
week. 

In  Jefferson  county  on  the  ninth  Mondays  after  the  third  Mon- 
days in  March  and  September,  and  may  continue  in  session  one 
week. 

In  Orange  county  on  the  tenth  Mondays  after  the  third  Mon- 
days in  March  and  September,  and  may  continue  in  session  until 
the  business  is  disposed  of. 

Sec.  3.  That  this  act  take  effect  from  and  after  the  first  day 
of  July  next. 

Approved  April  1,  1861. 


CHAPTER  XXXIV. 

AN  ACT  To  amend  the  first  section  of  an  act  entitled  "An 
act  to  amend  the  fourth  section  of  the  act  of  May  12,  1846, 
entitled  'an  act  to  regulate  the  license  and  -practice  of  Attor- 
neys and  Counsellors  at  Late,'  and  to  amend  the  second  sec- 
tion of  the  act  of  Feb.  11,  1854,  entitled  :an  act  to  amend  the 
9th  and  10th  sections  of  an  act  to  regulate  the  license  and 
practice  of  Attorneys  and  Counsellors  at  Law,' "  approved 
Jan.  24,  I860. 

Section  1.  Be  it  enacted  by  the  Legislature  cf  the  Slate  of 
Texas,  That  the  first  section  of  the  above  entitled  act  is  hereby 
amended  so  that  the  same  shall  hereafter  read  as  follows,  to-wit : 
Every  person  admitted  to  practice  law  shall,  before  receiving 
license,  take  an  oath  that  he  will  support  the  Constitution  of 
this  State,  that  he  will  honestly  demean  himself  in  the  practice 
of  the  law,  and  will  discharge  his  duties  to  his  clients  to  the  best 
of  his  ability,  which  oath  shall  be  endorsed  upon  his  license, 
subscribed  by  him,  and  attested  by  the  officer  administering  the 
same. 

Sec.  2.     This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  April  1,  1861. 


29 
CHAPTER  XXXV. 

AN  ACT  to  fix  the  time  for  holding  the  District  Courts  in  the 
Seventh  Judicial  District. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Courts  of  the  Seventh  Judicial  District  shall 
hereafter  begin  arid  be  held  as  follows  : 

In  Walker  county  on  the  third  Mondays  of  March  and  Octo- 
ber, and  may  continue  for  two  weeks. 

In  Grimes  county  on  the  second  Monday  after  the  third 
Mondays  of  Inarch  and  October,  and  may  continue  for  two 
weeks. 

In  Montgomery  county  on  the  fourth  Monday  after  the  third 
Mondays  of  March  and  October,  and  may  continue  for  two 
weeks. 

In  Harris  county  on  the  sixth  Monday  after  the  third  Mon- 
days of  March  and  October,  and  may  continue  for  five  weeks. 

In  £ralveston  county  on  the  eleventh  Monday  after  the  third 
Mondays  of  March  and  October,"  and  may  continue  until  the 
business  is  disposed  of. 

Sec.  2.  All  writs  and  process  issued  or  that  may  be  issued 
prior  to  the  taking  effect  of  this  act,  shall  be  held  and  consid- 
ered as  returnable  to  the  terms  as  fixed  by  this  act. 

Sec.  3.  That  this  act  shall  take  effect  from  and  after  the  first 
day  of  August  next,  and  all  laws  in  conflict  herewith  are  here- 
by repealed. 

Approved  April  1, 1861. 


CHAPTER  XXXVI. 

AN  ACT  to  define  the  line  between  Bell  and  Milam  Counties. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  boundary  line  between  the  counties  of  Bell  and 
Milam  shall  hereafter  be  as  follows  :  Beginning-  on  the  northern 
line  of  Williamson  county  at  a  point  S.  19°  W.  from  the 
southeast  corner  of  the  Jesse  Mumford  league  ;  thence  N.  19° 
E.  to  said  corner,  and  with  said  Mumford's  east  line  to  Little 
River,  and  in  the  same  course  to  a  point  S.  60°  W.  from  the 
southwest  corner  of  Falls  county,  as  now  established  ;  thence 
N.  60°  E.  to  the  southwest  corner  of  Falls  county  :  Provided, 
that  if  said  first  named  line  should  strike  the  line  running  g, 


30 

60°  W.  from  the  corner  of  Falls  county,  before  reaching  Little 
River,  the  corner  shall  be  made  at  such  point  of  intersection  ; 
and  the  line  run  therefrom  N.  60°  E.  to  said  corner  of  Falls 
county. 

Sec.  2.  That,  George  Green,  of  Milam  county,  and  R.  P. 
Bigham,  of  Bell  county,  are  hereby  appointed  Commissioners 
and  Surveyors  to  run  and  mark  said  line  in  accordance  with 
the  boundaries  hereby  established,  each  of  whom  shall  be  paid 
by  his  respective  county  the  usual  fees  for  similar  work,  and  ten 
dollars  additional  for  mileage,  making  out  duplicate  field  notes 
of  the  work,  and  having  the  same  duly  authenticated  and  re- 
corded in  the  office  of  the  County  Clerk  of  his  county.  Said 
line  shall  be  run  within  ninety  days  after  the  passage  of  this 
act,  which  shall  take  effect  from  and  after  its  passage. 

Approved  April  4,  1861. 


CHAPTER  XXXVII. 

AN  ACT  to  provide  for  running  the  County  lines  between  the 
Counties  of  Marion,  Cass  and  Titus. 

Section  1.  Be  it  ena<  ted  by  the  Legislature  of  the  State  of 
Texas,  That  Isaac  A.  Clare  be  and  he  is  hereby  appointed  and 
constituted  a  commissioner,  under  oath,  to  run  and  mark  the 
county  lines  between  the  counties  of  Marion,  Cass  and  Titus, 
in  accordance  with  the  provisions  of  an  act  approved  February 
8,  1860,  entitled  "  An  Act  creating  the  county  of  Marion,  and 
providing  for  the  holding  of  the  District  Courts  therein."  The 
said  county  lines  to  be  run  and  marked,  and  a  copy  of  the  field 
notes  returned  to  each  of  the  said  counties  on  or  before  the  first 
day  of  June  next,  and  when  so  run,  marked  and  the  fTeld  notes 
thus  returned,  the  same  shall  be  recognized  and  held  valid  as  the 
boundary  line  between  said  counties. 

And  the  said  commissioner  shall  be  entitled  to  receive  the 
same  fees  as  are  allowed  by  law  for  surveying.  The  same  to  be 
paid  equally  by  the  counties  of  Marion  and  Cass,  in  proportion 
to  the  length  of  the  lines  in  which  each  are  interested.  And 
that  an  act  to  provide  for  running  the  county  lines  between  the 
counties  of  Marion,  Cass  and  Titus,  approved  February  8,  1861, 
be  and  the  same  is  hereby  repealed,  a^id  this  act  take  effect 
from  its  passage. 

Approved  April  4;  1861. 


31 
CHAPTER   XXXVIII. 

AN  ACT  To  attach  the  county  of    Wichita  to  the  county  of 
Clay,  so  as  to  form  one  land  district. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  county  of  Wichita  be  and  the  same  is  hereby 
attached  to  the  county  of  Clay,  so  as  to  form  one  land  district ; 
and  the  laws  in  conflict  with  this  act  be  and  the  same  are  hereby 
repealed. 

Sec.  2.  That  all  legally  performed  business  of  the  Surveyors 
of  said  territory,  in  the  district  to  which  they  now  belong,  shall 
be  valid  until  the  necessary  and  legal  transcripts  are  obtained  for 
the  district  created  by  this  act ;  and  that  this  act  take  effect 
from  and  after  its  passage. 

Approved  April  4,  1861. 


CHAPTER  XXXIX. 

AN  ACT  To  authorize  the  county  courts  of  the  several  counties 
to  transfer  portions  of  the  jury  fund  to  the  general  county 
fund. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  county  courts  of  the  several  counties  may  at 
any  time,  by  order  made  and  entered  in  the  records  of  the  county 
court  at  any  regular  term  of  such  court,  transfer  from  the  jury 
fund  to  the  general  county  fund  of  such  county  any  portion  of 
the  jury  fund  in  the  Treasury  of  the  county,  over  and  above  such 
sum  as  may  be  necessary  to  pay  the  jury  expenses  of  the  next 
succeeding  term  of  the  District  Court  of  such  county,  and  the 
like  expenses  previously  due  from  said  fund  ;  and  the  fund  so 
transferred  shall  be  subject  to  appropriation  and  use  by  said 
court,  in  like  manner  as  other  county  funds. 

Sec.  2.     This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  April  4,  1861. 


CHAPTER  XL. 

AN  ACT  To  attach  the   county  of  Edwards  to  the  county  of 
Uvalde,  for  judicial  and  other  purposes,  until  organized. 

Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  territory  comprising   the   county  of  Edwards 


32 

shall  be  considered  attached  [to]  and  part  and  portion  of  the 
county  of  Uvalde,  for  all  judicial  purposes,  until  it  shall  have 
been  organized  under  the  law  creating  it,  and  that  the  county 
and  district  courts  of  the  county  of  Uvalde  shall  have  full  and 
entire  jurisdiction  over  the  county  of  Edwards  until  such  organ- 
ization. 

Sec.  2.  That  the  Assessor  and  Collector  of  the  county  of 
Uvalde  is  authorized  and  required  to  assess  and  collect  the  taxes, 
both  State  and  county,  from  all  persons  (and  on  all  property  sub- 
ject to  taxation,)  living  in  the  county  of  Edwards,  the  same  as 
if  they  were  citizens  of  the  said  county  of  Uvalde  ;  provided, 
that  the  taxes  for  the  year  1861  shall  be  assessed  and  collected 
under  the  law  heretofore  in  force. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  4,  1861. 


CHAPTER  XLI. 

AN  ACT  To  supply  deficiencies  in  former  appropriations  for 
frontier  protection,  and  to  provide  for  future  expenses. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  sum  of  one  hundred  thousand  dollars  be  and  is 
hereby  appropriated  to  supply  deficiencies  in  former  appropria- 
tions for  any  kind  of  services  recognized  by  law  for  the  protec- 
tion of  the  frontier,  or  for  any  service  to  be  hereafter  performed 
under  the  authority  of  law. 

Sec.  2.  That  the  appropriation  made  by  an  act  approved 
Feb.  8,  1861,  for  minute  service,  shall  also  be  applied  for  the 
payment  of  any  service  rendered  on  the  frontier  in  conformity 
with  law. 

Sec  3.  That  this  act  go  into  effect  from  and  after  its  pas- 
sage. 

Approved  April  5,  1861, 


33 

CHAPTER  XLIT. 

AN  ACT  To  change  the  boundary  line  "between  the  counties  of 
Goliad  and  Victoria. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  boundary  line  between  the  counties  of  Goliad 
and  Victoria  shall  hereafter  be  as  follows  :  Beginning  at  the 
present  corner  of  said  counties,  on  the  North  bank  of  the  San 
Antonio  river ;  thence  running  in  a  straight  line  to  the  mouth 
of  the  Perdido  creek. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  5,  1861. 


CHAPTER   XLIII. 

AN  ACT  to  amend  an  act  to  amend  the  4th,  7th,  8th,  15th. 
18th  and  34th  sections  of  an  act  to  provide  for  the  assessment 
and  collection  of  taxes;  approved  Feb.  11,  1850 — approved 
Feb.  11,  1860. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  3d  section  of  said  act  amending  the  8th  section 
of  the  act  of  11th  Feb.,  1850,  be  so  amended  as  hereafter  to 
lead  as  follows:  That  each  person  being  a  resident  citizen  of 
this  State,  owning  or -claiming  surveyed  lands  situated  in  any 
other  county  than  that  in  which  he  resides,  may  render  the  same 
for  assessment  to  the  Assessor  and  Collector  of  the  county  where 
he  resides,  in  the  same  manner  as  other  property,  together  with 
a  full  aid  complete  description  thereof,  and  the  name  of  the 
original  grantee,  its  number  on  the  abstract,  and  all  Railroad 
and  Canal  Companies,  and  Colonization  Companies,  and  all 
other  persons  residing  beyond  the  limits  of  the  State,  may  in 
like  manner  render  the  same  for  assessment  to  the  Assessor  and 
Collector  of  any  county  in  the  State ;  provided,  that  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  non-resi- 
dents, or  persons  who  own  lands  situated  in  other  counties  than 
those  in  which  they  reside,  from  giving  them  in  for  assessment  in 
the  county  in  which  they  are  situated,  as  other  citizens  of  such 
county.  That  any  Assessor  and  Collector  who  khall  fail  or 
neglect  to  discharge  the  duties  required  of  him  bv  the  2d  section 
C 


34 

of  this  act,  shall  forfeit  the  sum  of  fifty  dollars  for  each  case  of 
such  failure  or  neglect,  to  be  recoverable  before  any  Justice  of 
the  Peace  of  the  county  in  which  such  Assessor  and  Collector 
resides  ;  and  the  informer  shall  be  entitled  to  one  half  of  such 
forfeiture,  and  the  other  half  shall  be  paid  into  the  county 
Treasury. 

Sec,  2.  That  this  act  shall  take  effect  on  the  assessments  of 
the  present  year,  and  be  in  force  from  and  after  its  passage. 

Approved  April  6,  1861. 


CHAPTER    XLIV. 

AN  ACT  Concerning  contested  elections  of  Judges  of  the  Dis- 
trict Courts. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  record  upon  an  appeal,  or  writ  of  error,  taken 
from  the  judgment  of  any  one  of  the  District  Courts  of  this 
State,  in  any  case  involving  the  contest  of  an  election  of  any 
District  Judge,  shall  be  made  up,  and  the  transcript  for  the  Su- 
preme Court  prepared,  as  soon  as  practicable,  and  shall  be 
returnable,  forthwith,  to  the  said  Supreme  Court,  at  either  of 
the  three  terms,  held  annually,  without  reference  to  which  of 
said  terms  it  would  J>e  returnable,  under  the  general  law,  in  order 
that  said  appeal  or  writ  of  error  may  be  tried  as  speedily  as  pos- 
sible by  the  said  Court,  at  the  place  it  may  be  holding  its  sesskms 
at  the  time  ;  or  if  not  in  session,  or  about  to  adjourn,  at  the 
session  of  said  Court  next  ensuing,  wherever  held  ;  provided^ 
however,  that  any  case  which  may  be  now  pending  in  any  county 
from  which  causes  generally  are  returned  to  the  Supreme  Court 
at  Ga'veston,  shall  be  returned  to  the  next  term  of  said  Court, 
to  be  holden  in  the  city  of  Austin. 

Sec.  2.  The  clerks  of  the  District  Courts  shall  not  allow 
either  party  to  control  the  record  in  any  case  of  contested  elec- 
tion, referred  to  in  this  act,  but  shall  transmit  it  as  soon  as  com- 
pleted to  the  clerk  of  the  Supreme  Court,  who  shall  expedite  it 
to  the  proper  term.  On  receipt  of  such  record  the  Supreme 
Court  shall  allow  reasonable  time  for  argument,  by  brief  and 
otherwise,  after  which  it  shall  proceed  to  dispose  of  the  case,  as 
entitled,  from  its  public  character,  to  preference  in  time  over 
ordinary  cases,  and  the  trial  and  disposition  of  such  cases  shall 
proceed  without  reference  to  the  rules  established  by  law,  fixing 


35 

the  order  in  which  particular  districts,  or  the  causes  from  the  same, 
shall  be  taken  up,  tried  or  decided ;  the  object  of  this  act  being 
to  require  as  speedy  a  trial  and  determination  of  such  cases  as  is 
consistent  with  justice. 

Sec.  3.  This  act  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  April  6,  1861. 


CHAPTER  XLV. 

AN  ACT  In  relation  to  the  School  Fund  derivable  from  taxa- 
tion, under  the  provisions  of  the  second  section  of  the  tenth 
article  of  the  Constitution  of  the  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  hereafter  the  entire  amount  of  the  one-tenth  of 
the  annual  revenue  derivable  from  taxation,  and  appropriated  as 
a  school  fund,  under  the  provisions  of  the  second  section  of  the 
tenth  article  of  the  Constitution  of  the  State,  shall  be  annually 
applied  and  distributed  for  the  support  of  schools,  under  the 
provisions  of  the  several  laws  providing  for  the  establishment 
and  support  of  public  schools,  in  the  same  manner  as  is  or  may 
be  provided  for  the  distribution  of  the  interest  accruing  on  the 
special  school  fund. 

Sec.  2.  That  the  provisions  of  all  laws,,  so  far  as  they  con- 
flict with  this  act,  are  hereby  repealed,  and  this  act  shall  be  in 
force  from  and  after  its  passage. 

Approved  April  6,  1861. 


CHAPTER  XL VI. 

AN  ACT  To  apportion  the  State  of  Texas,  and  to  regulate  the 
election  of  Members  of  Congress. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  State  of  Texas  be  and  is  hereby  divided  into 
six  Congressional  Districts,  as  follows  : 

1.  Calhoun,  Refugio,  Bee,  San  Patricio,  Nueces,  Cameron, 
Hidalgo,  Starr,  Zapata,  Webb,  Encinal,  Duval,  Live  Oak,  Mc- 
Mullin,  La  Salle,   Dimmit,   Maverick,   Zavala,  Frio,  Atascosa, 


36 

Goliad,  Victoria,  DeWitt,  Karnes,  Gonzales,  Guadalupe,  Wil~ 
s~n,  Bexar,  Medina,  Uvalde,  Dawson,  Kinney,  Bandera,  Comal, 
Hays,  Blanco,  Kerr,  Edwards,  Gillespie,  Kimble,  Llano,  Mason, 
Menard,  San  Saba,  McCulloch,  Concho,  Presidio  and  El  Paso 
counties,  shall  compose  the  first  Eepresentative  District,  and 
elect  one  Eepresentative  to  Congress. 

2.  Caldwell,  Jackson,  Matagorda,  Wharton,  Lavaca,  Colo- 
rado, Fayette,  Bastrop,  Travis,  Burnet,  Lampasas,  Bell,  Bra- 
zoria, Fort  Bend,  Austin,  Washington,  Burlesor,  Williamson 
and  Milam  counties,  shall  compose  the  second  Eepresentative 
District,  and  shall  elect  one  Eepresentative  to  Congress. 

3.  Galveston,  Harris,  Montgomery,  Grimes,  Walker,  Leon, 
Madison,  Brazos,  Eobertson,  Limestone,  Freestone,  Navarro, 
Ellis,  Falls,  McLennan,  Coryell,  Bosque,  Hill,  Comanche,  Ham- 
ilton, Johnson,  Erath,  Eastland,  Brown,  Coleman,  Eunnels, 
Callahan  and  Taylor  counties,  shall  compose  the  third  Eepresen- 
tative District,  and  shall  elect  one  Eepresentative  to  Congress. 

4.  Sabine,  Shelby,  Panola,  Angelina,  Nacogdoches,  San 
Augustine,  Polk,  Tyler,  Jasper,  Newton,  Orange,  Hardin,  Lib- 
erty, Jefferson,  Chambers,  Cherokee,  Trinity,  Houston  and 
Anderson  counties,  shall  compose  the  fourth  Eepresentative  Dis- 
trict, and  shall  elect  one  Eepresentative  to  Congress. 

5.  Harrison,  Upshur,  Busk,  Wood,  Smith,  "V  an  Zandt,  Hen- 
derson, Kaufman,  Dallas,  Tarrant,  Parker,  Palo  Pinto,  Bu- 
chanan, Shackelford  and  Jones  counties,  shall  compose  the  fifth 
Eepresentative  District,  and  shall  elect  one  Eepresentative  to 
Congress.. 

6.  Bowie,  Cass,  Marion,  Eed  Eiver,  Titus,  Lamar,  Hopkinsr 
Fannin,  Hunt,  Collin,  Grayson,  Cook,  Denton,  Montague,  Wise, 
Clay,  Jack,  Young,  Throckmorton,  Haskell,  Hardeman,  Wil- 
barger, Wichita  and  Greer  counties,  shall  compose  the  sixth 
Eepresentative  District,  and  shall  elect  one  Eepresentative  to 
Congress. 

Sec.  2.  That  an  election  shall  be  ordered  to  be  held  on  the 
first  Monday  in  August,  1861,  and  every  two  years  thereafter, 
for  Eepresentatives  to  Congress  from  each  of  said  districts,  and 
the  returns  of  the  election  from  each  of  said  Eepresentative  Dis- 
tricts shall  be  made  to  the  Secretary  of  State  by  the  Chief  Jus- 
tices of  the  various  counties,  who  shall  open  and  compare  the 
returns,  and  give  a  certificate  of  election  to  the  person  receiving 
the  highest  number  of  votes  ;  provided,  that  if  the  Congress  of 
the  Confederate  States  shall  fix  another  day  for  the  election, 
then  the  election  shall  be  held  upon  the  day  so  fixed. 

Approved  April  6,  1861, 


37 

CHAPTER  XL VII. 

AN  ACT  Prescribing  the  manner  of  authenticating    instru- 
ments for  record. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  proof  of  every  instrument  of  writing  for  record 
shall  be  taken  by  some  one  of  the  following  officers  :  First, 
when  acknowledged  or  proven  within  the  State  before  some 
Notary  Public,  Clerk  of  the  County  Court,  or  Judge  of  a  Court 
of  Record  ;  second,  when  acknowledged  or  proven  without  this 
State  and  within  the  Confederate  States  of  America,  or  their 
territories,  or  the  United  States  of  America  or  their  territories, 
before  some  Judge  of  a  Court  of  Record  having  a  seal  ;  third, 
when  acknowledged  or  proven  without  the  United  States,  or 
Confederate  States,  before  some  public  Minister,  Charge  d'Af- 
fairs  or  Consul  of  the  Confederate  States  :  And  in  all  cases 
the  certificate  of  such  acknowledgment  or  proof  shall  be  attested 
under  the  official  seal  of  the  officer  taking  the  same. 

That  when  any  deed,  transfer  or  other  instrument  of  writing 
executed  by  the  president  of  any  railroad  company,  which  has 
or  may  be  incorporated  by  the  laws  of  this  State,  shall  be 
attested  by  the  seal  of  said  company,  it  shall  be  considered 
sufficiently  authenticated  to  authorize  the  Clerk  of  the  County- 
Court  to  record  the  same. 

Sec.  2.  That  the  provisions  of  all  laws  so  far  as  they  conflict 
with  this  act  be  and  they  are  hereby  repealed. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  6,  1861. 


CHAPTER  XLVIII. 

AN  ACT  supplemental  to  an  act  making  an  appropriation  Jor 
the  per  diem  pay  and  mileage  of  the  members  and  officers  of  the 
Convention. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Comptroller  and  Treasurer  be  authoiized  to 
audit  and  allow  out  of  the  fund  appropriated  by  the  act  to 
which  this  is  a  supplement,  the  following  contingent  expenses 
of  the  Convention,  viz  :     Hire  of  three  clerks  in  copying  ordi- 


38 

nances  of  Convention,  for  the  Legislature,  five  dollars  each, 
amounting  to  fifteen  dollars  ;  George  G-.  Simcox  for  enrolling 
the  Ordinance  of  Secession  on  parchment,  twenty  dollars  ; 
porter  hire,  three  negroes,  ($25  50  each)  seventy-six  dollars  and 
fifty  cents  ;  recording  the  journals  of  the  Convention  for  deposit 
in  the  office  of  the  Secretary  of  State,  in  pursuance  of  an  ordi- 
nance of  the  Convention,  or  so  much  thereof  as  may  be  neces- 
sary, at  fifteen  cents  per  hundred  words,  five  hundred  and  fifty 
dollars,  to  be  paid  after  the  recording  shall  have  been  com- 
pleted and  deposited  in  the  office  of  the  Secretary  of  State  : 
For  printing  done  for  the  Convention  or  by  its  authority,  the 
sum  of  three  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  the  same  to  be  audited  and  paid  for  at  the  same  rate 
as  is  by  law  provided  for  similar  printing  for  the  State.  Amount 
to  be  paid  W.  L.  Chalmers  for  assistant  servipes  as  Secretary  to 
the  Convention,  f#r£y  dollars. 

Sec.  2.  That  this  acf^ake  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  6, 1861. 


CHAPTER  XLIX. 

AN  ACT  supplemental  and  amendatory  of  the  act  creating  the 
County  of  Kaufman,  approved  February  26,  1848. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  south  boundary  line  of  Kaufman  county  and 
the  north  boundary  of  Henderson  county  shall  hereafter  run  as 
follows,  to-wit :  Beginning  at  the  point  where  said  boundary 
line  crosses  Cedar  Creek,  and  run  thence  down  said  Cedar  Creek 
to  the  mouth  of  Twinn  Creek  ;  thence  due  west  to  the  Trinity 
river  ;  thence  up  said  river  to  the  point  where  said  original 
boundary  line  corners  on  said  river  :  and  that  the  territory  thus 
described  be  and  the  same  is  hereby  attached  to  and  made  a  part 
of  the  county  of  Kaufman. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  6,  1861. 


39 

CHAPTER  L. 

AN  ACT  to  amend  the  "act  supplemental  to  An  Act  to  regu- 
late estrays,"  approved  5th  February,  1861. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  first  section  of  the  above  recited  act  be  amended 
so  that  the  same  shall  hereafter  read  as  follows  :  Section  1,  That 
no  animal  of  any  description  shall  be  estrayed  in  any  county  in 
this  State  where  the  mark  and  brand  of  the  animal  is  of  record 
in  said  county,  unless  the  person  who  claims  the  mark  and  brand 
recorded  shall  be  notified  and  disclaim  the  ownership  of  the 
animal  ;  and  it  shall  be  the  duty  of  every  person  before  estray- 
ing  an  animal  to  examine  the  record  of  marks  and  brands  of  the 
county  in  which  he  lives,  and  he  shall  show  by  his  affidavit  filed 
in  order  to  estray  any  animal,  that  the  same  is  subject  to  be 
estrayed,  and  that  he  has  complied  with  the  requisitions  of 
the  law. 

Sec.  2.  This  act  shall  take  effect  from  and  after  its  passage. 

Aproved  April  6,  1861. 


CHAPTER  LI. 

AN  ACT  authorizing  a  loan  and  imposing  a  specific  tax,  to 
meet  the  principal  and  interest  thereof,  under  the  provisions 
of  the  33c/  section  of  the  7th  article  of  the  Constitution  of  the 
State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Governor  of  the  State  shall  cause  to  be  exe- 
cuted the  bonds  of  the  State  for  the  sum  of  one  million  of 
dollars  in  sums  of  one  thousand  dollars  each,  redeemable  in 
sixteen  years,  and  bearing  interest  at  the  rate  of  eight  per  cen- 
tum per  annum,  payable  semi-annually  ;  with  coupons  for  the 
semi-annual  interest  attached,  payable  on  the  first  day  of  July 
and  first  of  January,  of  each  year.  The  bonds  shall  be  signed 
by  the  Governor  and  Treasurer,  and  shall  be  registered  by  the 
Comptroller,  who  shall  certify  the  fact  of  such  registration  on 
the  back  of  the  bonds,  and  the  coupons  shall  be  signed  by  the 
Treasurer.  The  bonds  and  coupons  shall  be  payable  at  some 
bank  in  the  city  of  New  Orleans,  in  the  State  of  Louisiana. 

Sec.  2.  The  Governor  shall  appoint  an  agent  to  negotiate  the 


40 

sale  of  said  bonds  from  time  to  time,  and  to  place  the  proceeds 
of  such  sales  in  some  bank  in  the  city  of  New  Orleans,  to  be 
subject  to  the  order  of  the  Comptroller  of  the  State,  and  bj  him 
to  be  placed  in  the  State  Treasury.  Said  agent  shall  be  gov- 
erned in  his  negotiations  by  the  instructions  of  the  Governor. 

Sec  3.  The  proceeds  of  the  sales  of  said  bonds  shall  be 
applied  to  the  following  objects,  and  no  other  purpose  what- 
ever: To  the  payment  of  all  indebtedness  of  the  State  created 
for  the  defence  of  the  frontier,  and  to  the  payment  of  appro- 
priations which  have  been  or  may  hereafter  be  made  for  the 
military  defence  of  the  State.  To  the  repayment  of  all  the  dis- 
bursements made  from  the  Treasury  or  anticipated  from  the 
accruing  revenue  of  the  State,  or  from  any  special  fund  or  funds 
in  the  State  Treasury  to  meet  appropriations  to  pay  the  ex- 
penses of  the  State  Convention,  and  of  the  extra  and  adjourned 
sessions  of  the  eighth  Legislature. 

To  the  payment  of  all  appropriations  made  to  meet  the  debts 
created  or  incurred  by  authority  of  the  State  Convention,  and 
to  meet  any  deficit  in  appropriations  made  to  meet  the  expenses 
of  said  Convention,  and  of  the  expenses  of  the  extra  and  ad- 
journed sessions  of  the  eighth  Legislature. 

To  the  payment  of  any  deficit  in  the  appropriations  made  to 
meet  the  ordinary  expenses  of  the  Government  for  the  year  1861, 
arising  from  the  anticipation  of  the  revenue  to  meet  extraordi- 
nary demands. 

Sec.  4.  There  shall  be  levied  and  collected,  to  pay  the  interest 
on  said  bonds  as  they  fall  du°,  and  to  pay  and  discharge  the 
principal  thereof,  a  specific,  direct  annual  ad  valorem  tax  of 
four  cents  upon  each  hundred  dollars  value  of  property  real  and 
personal  in  this  State  (except  such  property  as  is  now  exempt 
by  law  from  taxation),  which  tax  shall  be  levied  and  collected  by 
the  same  persons,  and  at  the  same  time  and  in  the  same  man- 
ner as  is  or  may  hereafter  be  provided  by  law  for  the  collection 
of  the  direct  ad  valorem  State  tax,  to  meet  the  ordinary  ex- 
penses of  the  State  government,  and  all  laws  now,  or  which  may 
be  hereafter,  in  force  in  this  State  for  the  levying  and  collection 
of  the  other  direct  State  taxes  for  the  use  of  the  State,  shall 
also  apply  to  the  levying  and  collection  of  the  specific  direct 
annual  ad  valorem  tax  of  four  cents  upon  each  hundred  dollars 
value  of  property,  real  and  personal,  as  authorized  by  this  act. 
No  part  of  the  specific  tax  authorized  by  this  section  shall  be 
appropriated  to  any  other  purpose  whatever,  but  exclusively  to 
the  payment  of  the  principal  and  interest  of  the  loan  specified 
in  this  act. 


41' 

Sec.  5.  For  the  payment  of  the  principal  and  interest  of  said 
bonds,  the  faith  of  this  State  is  pledged,  in  addition  to  the 
specific  tax  herein  specified  and  pledged. 

Sec.  6.  The  specific  tax  imposed  bj  this  act  shall  remain  in 
force  and  be  irrepealable,  and  be  annually  collected,  until  the 
proceeds  thereof  shall  have  made  full  provision  to  pay  and  dis- 
charge the  principal  and  interest  bonds  provided  for  by  this  act. 
Provided,  that  whenever  the  State  shall  have  retired  and  can- 
celed one-fourth  of  this  issue  of  one  million  dollars  of  bonds,  it 
shall  be  the  duty  of  the  Comptroller  of  the  State  to  decrease 
the  specific  tax  herein  provided  for  one  cent  on  the  one  hundred 
dollars  of  the  value  of  the  real  and  personal  property  assessed  ; 
and  upon  the  retiring  of  each  additional  sum  of  two  hundred  and 
fifty  thousand  dollars  of  this  issue  of  bonds,  one  cent  on  the 
one  hundred  dollars  of  said  specific  tax  shall  be  taken  off. 

Sec.  7.  The  money  realized  by  the  specific  tax  provided  for  in 
this  act  shall  be  applied  first  to  the  payment  of  the  interest 
coupons  maturing  upon  this  issue  of  bonds,  and  the  residue 
shall  be  deposited  in  the  State  Treasury  and  constitute  a  special 
sinking  fund  for  the  redemption  of  the  principal  of  said  bonds. 

Whenever  fifty  thousand  dollars  of  said  sinking  fund  shall 
have  accumulated  in  the  Treasury,  it  shall  be  the  duty  of  the 
Governor  to  cause  the  Comptroller  and  Treasurer  to  invest 
said  amount  in  the  redemption  of  said  bonds.  For  which 
purpose  the  Comptroller  shall  give  thirty  days  notice  by  pub- 
lication in  one  newspaper  printed  in  the  city  of  New  Orleans, 
and  one  in  the  city  of  Austin,  that  he  will  redeem  or  purchase 
said  amount  of  bonds  from  the  lowest  bidder,  and  he  shall 
receive  sealed  proposals  therefor,  to  be  opened  by  him  in  the 
presence  of  the  Governor  and  Treasurer,  and  they  shall  re- 
deem the  bonds  offered  at  the  lowest  rate.  Provided,  that  in 
no  instance  shall  said  officers  pay  a  higher  rate  for  said  bonds 
than  ten  per  centum  premium  on  their  par  value ;  and  further 
provided,  that  in  case  they  can  not  be  purchased  at  a  rate 
within  the  limits  aforesaid,  then  the  said  officers  may  invest 
said  sinking  fund  in  the  bonds  of  the  Confederate  States  of 
America:  Provided  they  can  be  obtained  within  the  same 
limits  as  to  price.  And  said  Federal  bonds  shall  be  placed  in 
said  special  sinking  fund. 

Sec.  8.  The  plate  upon  which  the  bonds  are  engraved  shall  be 
returned  to  the  Governor  and  Comptroller,  with  the  bonds,  and 
shall  be  by  them  destroyed. 

The  agent  appointed  by  the  Govornor  for  the  purpose  herein 
contemplated  may  be  allowed  such  reasonable  compensation  for 


42 

Lis  services  as  shall  be  agreed  upon  and  established  by  the  Gov- 
ernor, Comptroller  and  Treasurer,  or  a  majority  of  them. 

Sec.  9.  Five  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  to  defray  the  expenses  incurred 
in  carrying  out  this  act. 

Sec.  10.  The  specific  tax  provided  for  by  this  act  shall  also 
be  imposed  on  the  assessments  of  the  present  year. 

Sec.  11.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  8, 1861. 


CHAPTER  L1I. 

AN  ACT  To  amend  the  seventy-first  and  ninety-second  sections 
of  an  act  to  regulate  proceedings  in  the  District  Courts, 
approved  May  13,  1846. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  section  seventy-first  of  "an  act  to  regulate  proceed- 
ings in  the  District  Courts,"  approved  May  13(  1846,  be  amended 
so  as  hereafter  to  read  as  follows :  Section  71.  When  a  witness 
in  any  civil  suit  resides  beyond  the  limits  of  the  State,  either 
party  may  take  his  deposition,  by  filing  interrogatories  in  the 
urt  Cowhere  the  suit  is  pending,  and  serving  a  notice,  with  a 
copy  of  such  interrogatories,  upon  the  opposite  party,  his  agent 
or  attorney,  in  the  same  manner  as  required  tor  the  depositions 
of  witnesses  residing  in  the  State  ;  and  on  or  after  the  fifth  day 
of  the  service  of  such  notice  and  a  copy  of  the  interrogatories, 
it  shall  be  the  duty  of  the  clerk  with  whom  such  interrogatories 
are  filed,  upon  the  application  of  the  party  riling  them,  his 
agent  or  attorney,  to  issue  a  commission,  directed  to  any  public 
officer  of  any  town,  city,  district,  county  or  State,  or  other 
political  division  of  any  government  beyond  the  limits  of  this 
State,  having  and  using  a  seal  to  authenticate  their  official  acts ; 
or  to  any  consul,  minister,  or  secretary  of  legation  of  the  Con- 
federate States,  where  it  is  stated  in  the  notice  that  such  witness 
resides,  requiring  such  officer,  to  cause  the  witness  to  come  be- 
fore him,  and  to  take  his  answers  to  said  interrogatories,  a  certi- 
fied copy  of  which  shall  be  annexed  to  such  commission.  The 
commission  shall  be  signed  by  the  clerk  issuing  it,  and  sealed 
with  the  seal  of  the  court ;  the  officer  to  whom  any  such  com- 
mission is  directed,  upon  the  appearance  of  the  witness  before 


43 

him,  shall  take  his  answers  to  the  interrogatories,  which  shall  be 
reduced  to  writing  and  shall  be  signed  and  sworn  to  by  the  wit- 
ness, when  the  officer  taking  the  same  shall  certify  under  his 
hand  and  seal  of  office  that  the  answers  were  signed  and  sworn 
to  by  the  witness  before  him,  and  seal  them  up  in  an  envelope 
with  the  interrogatories  and  the  commission,  with  his  name  across 
the  seal,  endorse  and  direct  the  envelope  in  like  manner  as  is 
required  for  depositions  taken  within  the  State  ;  and  all  deposi- 
sitions  so  taken  may  be  returned  into  court  in  like  manner  as 
depositions  taken  within  the  State.  And  all  depositions  which 
have  heretofore  been  taken,  or  for  which  commissions  have 
issued  beyond  the  limits  of  this  State  in  accordance  with  the 
provisions  of  the  pre-existing  laws,  shall  be  as  valid  and  effectual  as 
if  the  same  had  been  taken  as  herein  provided.  Where  deposi- 
tions are  taken  in  any  State  or  country  beyond  the  limits  of  the 
Confederate  States,  except  the  United  States  of  America,  the 
official  character  of  the  officer  taking  the  same,  unle-s  he  be  an 
officer  of  this  or  the  Confederate  States,  shall  be  certified  to  by 
a  minister,  secretary  of  legation,  or  consul,  of  flie  Confederate 
States,  or  by  the  Secretary  of  State,  or  some  equivalent  officer, 
of  the  State  or  country  in  which  such  depositions  are  taken. 

Sec.  2.  That  section  92  of  the  act  aforesaid  be  so  amended 
as  hereafter  to  read  as  follows:  Sec.  92.  That  the  printed 
statute  books  of  this  State  shall  be  evidence  of  the  private  acts 
therein  contained  ;  and  the  printed  statute  books  of  the  United 
States,  and  of  the  several  States  and  Territories  of  the  United 
States  and  Confederate  States,  purporting  to  have  been  printed 
under  the  authority  of  such  governments,  or  either  of  them  ; 
and  a  certified  copy,  under  seal  of  the  Secretary  of  State  of  this 
State,  of  any  act  or  resolution  contained  in  the  printed  statute 
books  of  the  United  States,  or  of  any  State  or  Territory  thereof, 
or  of  any  State  or  Territory  of  the  Confederate  States,  purport- 
ing to  be  printed  under  the  authority  of  such  government,  State 
or  Territory  ;  and  copies  of  private  bills,  certified  to  by  the  Sec- 
retary of  State,  and  attested  by  his  seal  of  office,  which  being 
deposited  in  the  office  of  Secretary  of  State  of  this  State,  shall 
be  evidence  in  like  manner. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  8,  1861. 


44 

CHAPTER  LIII. 

AN  ACT  Supplemental  to  "an  act  to  apportion  the  State  of 
Texas,  and  to  regulate  tlie  election  of  Members  of  Congress." 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  counties  of  Archer,  Baylor,  and  Knox,  be  and 
they  are  hereby  attached  to  the  sixth  district,  as  fixed  by  the 
first  section  of  the  act  to  which  this  is  a  supplement. 

Sec.  2.  That  the  second  section  of  the  act  to  which,  this  is  a 
supplement  shall  hereafter  read  as  follows  : 

Sec.  2.  That  an  election  shall  be  ordered  to  be  held  on  the 
first  Monday  of  August,  1861,  and  every  two  years  thereafter, 
for  Representatives  in  Congress  from  each  of  said  districts ;  and 
the  returns  from  each  county  shall  be  made  by  the  Chief  Justice 
thereof,  to  the  Secretary  of  State,  within  forty  days  after  said 
election,  who  shall  open  and  count  the  same  and  report  the  re- 
sult to  the  Governor,  who  shall  give  the  person  having  the 
highest  number  of  votes,  in  each  district,  a  certificate  of  elec- 
tion ;  provided,  that  if  the  Congress  of  the  Confederate  States 
shall  fix  another  day  for  the  election,  then  the  election  shall  be 
held  upon  the  day  so  fixed  ;  and  that  this  act  take  effect  and  be 
in  force  from  and  after  its  passage. 

Approved  April  8,  1861. 


CHAPTER  LIV. 

AN  ACT  Making  an  appropriation  for  the  mileage  and  per 
diem  pay  of  the  Members,  and  the  per  diem  pay  of  the 
Officers,  of  the  adjourned  session  of  the  Eighth  Legislature. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  members  of  the  adjourned  session  of  the  Eighth 
Legislature  shall  be  entitled  to  mileage  at  the  same  rate  that 
members  are  entitled  by  law  to  receive  at  the  regular  sessions, 
and  that  the  sum  of  thirty  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  be  and  the  same  is  hereby  appropriated  out 
of  the  current  State  revenues  arising  from  the  assessments  of 
the  year  1860,  for  the  mileage  and  per  diem  pay  of  the  members, 
and  the  per  diem  pay  of  the  officers,  of  the  adjourned  session  of 
the  Eighth  Legislature.  The  certificate  of  the  Chief  Clerk  of 
the  House  of  Representatives,  and  that  of  the  Secretary  of  the 


45 

Senate,  for  their  respective  bodies,  shall  be  sufficient  authority 
for  the  Comptroller  to  draw  his  drafts  or  warrants  for  the  re- 
spective amounts  thereof,  and  in  case  the  money  is  not  in  the 
Treasury,  the  drafts  of  the  Comptroller  may  be  drawn  on  the 
Assessors  and  Collectors,  or  his  warrants  on  the  Treasury,  at  the 
option  of  the  member  or  officer,  for  the  amounts. 
•  Sec.  2.  That  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 
Approved  April  8,  1861. 


CHAPTER  LV. 

AN  ACT  To  amend  the  act  of  March  15,  1848,  entitled"  An 
act  to  provide  for  the  election  of  Electors  of  President  and 
Vice  President  of  the  United  States"  and  to  repeal  the  8th 
section  of  said  act. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  caption  of  said  act  shall  hereafter  read  as  fol- 
lows :  An  act  to  provide  for  the  election  of  Electors  of  President 
and  Vice  President  of  the  Confederate  States  of  America. 

Sec.  2.  That  the  first  section  of  the  above  recited  act  is 
hereby  amended  so  that  the  same  shall  hereafter  read  as  follows  : 
On  such  day  in  the  year  A.  D.  1861  as  shall  be  established  by 
law  of  the  government  of  the  Confederate  States  of  America,  the 
qualified  electors  for  members  of  the  House  of  Itepresentatives  of 
the  State  Legislature  of  this  State  shall  elect,  from  among  the 
resident  citizens  of  this  State  over  twenty-one  years  of  age,  and 
not  members  of  the  Congress  of  the  Confederate  States,  as  many 
Electors  of  President  and  Vice  President  of  the  Confederate 
States  of  America  as  the  State  of  Texas  shall  be  entitled  to. 

Sec.  3.  The  fifth  section  of  the  above  entitled  act  is  hereby 
amended  so  that  the  same  shall  hereafter  read  as  follows  :  It 
shall  be  the  duty  of  the  Secretary  of  State,  in  presence  of  the 
Governor,  Lieutenant  Governor,  and  Attorney  General,  or  any 
or  either  of  them,  on  the  twenty-fifth  day  after  such  election,  or 
if  such  day  fall  on  a  Sunday,  then  on  the  twenty-sixth  day  after 
such  election,  to  open  all  the  election  returns  received  by  him, 
and  correctly  add  up  all  the  votes  cast  in  the  several  counties 
for  each  of  said  Electors,  and  cause  the  result  therof,  with  the 
names  of  the  persons  elected,  to  be  forthwith  published  in  some 
newspaper  printed  at  the  seat  of  government  of  this  State,  and 


46 

in  writing  notify  the  persons  elected,  respectively,  of  their  elec- 
tion. 

Sec.  4  The  sixth  section  of  the  above  entitled  act  is  hereby 
amended  so  that  the  same  shall  hereafter  read  as  follows  :  That 
the  electors  so  chosen  shall  convene  at  the  seat  of  government  of 
the  State,  on  the  second  Monday  alter  the  votes  electing  them 
shall  have  been  counted  and  declared  as  in  the  last  preceding 
section  is  provided,  and  vote  for  President  and  Vice  President  of 
the  Confederate  States  of  America. 

Sec.  5.  The  eighth  section  of  the  above  entitled  act  is  hereby 
repealed,  and  this  act  shall  be  in  force  from  and  after  its  pas- 
sage. 

Approved  April  8,  1861. 


CHAPTER  LVI. 

AN  ACT  to  amend  an  act  entitled  "An  Act  to  amend  an  act 
entitled  an  act  to  organize  Justices'  Courts,  and  to  define  the 
powers  and  jurisdiction  of  the  same,}'  approved  February  7, 
1861. 

Section  1.  Be  it  enacted  by  tlie  Legislature  of  the  State  of 
Texas,  That  the  first  section  of  said  act  shall  hereafter  read  as 
follows  :  "  A  Justice  of  the  Peace  may  grant  a  stay  of  execu- 
tion on  any  judgment  for  money  rendered  by  himself  on  a  civil 
suit  for  three  months  ;  provided  the  person  or  persons  against 
whom  such  judgment  was  rendered  shall,  with  one  or  more  good 
and  sufficient  sureties,  to  be  approved  by  such  Justice,  appear 
before  him  and  acknowledge  themselves  and  each  of  them  bound 
to  the  successful  party  in  such  sum  as  shall  secure  the  amount 
of  the  judgment,  interest  and  cost ;  which  acknowledgement 
shall  be  entered  by  the  Justice  on  his  docket,  and  shall  have 
the  force  and  effect  of  a  judgment  against  the  persons  making 
the  acknowledgement,  upon  which  execution  shall  issue  for  the 
amount  of  the  original  judgment,  interest  and  costs,  in  case  the 
same  shall  not  be  paid,  on  or  before  the  expiration  of  such  stay  ; 
provided  that  no  such  stay  shall  be  granted  unless  applied  for 
and  perfected  within  ten  days  of  the  recovery  of  the  original 
judgment. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  and 
after  the  first  day  of  December,  1861. 
Approved  April  8,  1861. 


47 

CHAPTER  LVII. 

AN  ACT  making  an  appropriation  for  the  subsistence  and 
transportation  of  supplies  for  the  Regiment  ordered  to  he 
raised  by  an  Ordinance  passed  by  the  Convention  of  the 
People  of  the  State  of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  sum  of  seventy-five  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated  for 
the  subsistence  and  transportation  of  supplies  for  the  troops 
composing  the  regiment  ordered  to  be  raised  under  an  ordinance 
"  to  provide  in  part  for  the  military  defence  of  the  State  of 
Texas." 

Sec.  2.  That  the  Governor  shall  advertise  for  sealed  proposals 
for  furnishing  the  supplies  and  subsistence,  which  contracts 
shall  be  given  to  the  lowest  and  best  bidder  ;  provided  this 
requirement  shall  not  interfere  with  the  immediate  wants  of  the 
service  ;  and  further  provided  he  shall  consider  paid  bid  reason- 
able.    This  act  shall  take  effect  from  and  after  its  passage. 

Approved  April  8,  1861. 


CHAPTER  LVIII. 

AN  ACT  to  authorize  the  County  Courts  of  Nacogdoches,  Na- 
varro, Jackson,  Colorado,  Calhoun,  El  Paso,  Jasper,  Newton, 
Dallas,  Atascosa,  Fort  Bend,  Fannin,  Madison,  Says,  Blan- 
co, San  Augustine,  Walker,  Sabine,  Grimes,  Victoria,  Lime- 
stone, Medina,  Uvalde,  Orange,  Hardin,  Jefferson,  Gillespie, 
Leon,  Milam,  Comal,  Live  Oak,  Bee,  Nueces,  San  Patricio, 
Refugio,  Kerr,  Bandera,  Bosque,  Erath,  Palo  Pinto,  Hamil- 
ton, Comanche,  Lampasas,  Coryell,  McLennan,  Bell,  Buchanan, 
Eastland,  Matagorda,  Wharton,  Tyler,  Liberty,  Chambers, 
Polk,  Goliad,  Karnes  and  Brazoria  counties  to  regulate  the 
pay  of  Sheriffs  therein  in  certain  cases. 

Section.  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  County  Courts  of  Nacogdoches,  Navarro, 
Jackson,  Colorado,  Calhoun,  El  Paso,  Jasper,  Newton,  Dallas, 
Atascosa,  Fort  Bend,  Fannin,  Madison,  Hays,  Blanco,  San 
Augustine,  Walker,  Sabine,  Grimes,  Victoria,  Limestone,  Me- 
dina, Uvalde,  Orange,  Hardin,  Jefferson,  Gillespie,  Leon,  Milam, 


48 

Comal,  Live  Oak,  Bee,  Nueces,  San  Patricio,  Eefugio,  Kerr, 
Bandera,  Bosque,  Erath,  Palo  Pinto,  Hamilton,  Comanche, 
Lampasas,  Coryell,  McLennan,  Bell,  Buchanan,  Eastland, 
Matagorda,  Wharton,  Tyler,  Liberty,  Chambers,  Polk,  Goliad, 
Karnes  and  Brazoria  counties  be  and  [are]  hereby  authorized  to 
allow  the  Sheriffs  thereof,  for  summoning  jurors  in  the  District 
Courts,  serving  election  notices,  notice  on  overseers  of  roads, 
attending  on  the  District  and  County  Courts,  and  doing  all 
other  business  not  provided  lor,  such  sum  or  sums  of  money  as 
said  Courts  may  deem  sufficient  for  said  service,  not  to  exceed 
two  hundred  dollars,  to  be  paid  out  of  the  treasury  of  said 
county,  any  law  to  the  contrary  notwithstanding. 

Sec.  2.    That  this  act  take  effect  from  and  after  its  passage. 

Approved  April  8,  1861. 


CHAPTER  LIX. 

AN  ACT  providing  mean?,  for  the  payment  of  certain  debts 
created  by  authority  of  the  late  Convention  of  the  People  of 
the  State  of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
27exas,  That  the  Governor  is  hereby  authorized  to  borrow  and 
place  in  the  Treasury  for  the  use  of  the  State  the  sum  of  ninety 
thousand  dollars,  to  be  borrowed  for  the  period  of  twelve  months 
at  a  rate  of  interest  not  exceeding  ten  per  centum  per  annum. 
And  if  necessary  in  order  to  procure  such  loan,  the  Governor 
shall  withdraw  from  the  Treasury  of  the  State  one  hundred  and 
fifty  thousand  dollars  of  the  bonds  and  security  of  the  Texas 
Central  Railroad  Company  belonging  to  the  special  school  fund, 
and  after  endorsing  or  assigning  them  for  that  purpose,  shall 
pledge  or  hypothecate  them  for  the  security  of  the  payment  of 
such  loan  and  the  interest  thereon  ;  or  he  may  in  like  manner 
pledge  or  hypothecate  such  number  or  amount  of  any  bonds  of 
this  State  authorized  to  be  issued  by  the  Legislature  and  secured 
by  taxation  under  the  provisions  of  the  Constitution  of  the 
State,  as  may  be  necessary  to  procure  and  secure  such  loan. 
The  Governor  may  in  his  discretion  appoint  an  agent  to  nego- 
tiate such  loan,  and  may  allow  him  such  compensation  for  his 
services  as  may  be  agreed  upon  by  the  Governor,  Comptroller 
and  Treasurer,  or  a  majority  of  them  :  Provided,  that  in  case 
the  bonds  of    the  Texas  Central  Railroad  Company  shall  be 


49 

Withdrawn  from  the  Treasury  for  the  purpose  herein  contem- 
plated, the  coupon  bonds  for  interest  connected  therewith,  and 
which  are  now  due  or  will  become  due  during  the  period  that 
said  bonds  are  to  be  pledged  or  hypothecated,  shall  be  retained 
in  the  Treasury  ;  and  when  said  railroad  bonds  are  released  from 
such  pledge  or  hypothecation,  the  same  shall  be  immediately 
replaced  in  the  Treasury,  and  there  remain  as  a  portion  of  the 
special  school  fund,  as  heretofore. 

Sec.  2.  That  out  of  the  money  so  borrowed  shall  be  paid 
such  amount  as  has  been  or  shall  be  audited  and  allowed  by  the 
auditorial  board  created  by  the  late  Convention  of  the  People 
of  the  State,  under  and  03^  virtue  of  an  ordinance  concerning 
certain  commissioners  and  officers  appointed  by  authority  of  said 
Convention,  adopted  March  23,  1861 ;  and  also  such  amount  of 
debt  as  has  been  or  may  be  created  on  the  faith  of  the  State 
under  and  by  virtue  of  an  ordinance  of  said  Convention,  to 
authorize  the  purchase  of  arms  for  the  use  of  the  State,  adopted 
March  9,  1861,  and  the  remainder,  if  any,  may  go  into  the 
general  disbursement  account. 

Sec.  3.  This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  April  8,  1861. 


CHAPTER  LX. 

AN  ACT  providing  for  the  disposition  of  runaway   slaves. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  it  is  hereby  made  the  duty  of  the  Sheriffs  of  the 
different  counties  of  this  State,  as  early  as  possible  after  the 
commitment  of  any  runaway  slave,  to  cause  an  advertisement  to 
be  published  in  a  newspaper  printed  nearest  the  county,  or  in  the 
newspaper  having  the  largest  circulation  in  the  county  where  the 
commitment  is  made,  -at  the  discretion  of  the  Sheriff;  in  which 
-shall  be  embraced  a  minute  description  of  such  runaway  slave, 
and  any  other  circumstances  calculated  to  lead  to  the  discovery 
of  the  slave  by  his  owner,  and  if,  after  such  advertisement  n  r 
the  space  of  six  months,  the  owner  should  not  apply  for,  prove 
and  take  out  of  jail  such  slave,  paying  such  expenses  as  are  now 
allowed  by  law,- together  with  the  expense  of  advertising  herein 
provided  for,  the  Sheriff  shall  then  convey  and  deliver  such  run- 
away slave  to  the  keeper  of  the  State  Penitentiary,  and  the 
Sheriff  shall  at  the  same  time  deliver  to  the  financial  agent  of 
D 


the  Penitentiary  a  certificate  from  the  Justice  of  the  Peace  who 
committed  such  runaway  slave  to  jail,  stating  the  amount  of 
charges  legally  incurred  in  apprehending  and  securing  such  run- 
away slave,  and  to  whom  the  same  is  due. 

Sec.  2.  The  Sheriff  shall  be  allowed  ten  cents  per  mile  in 
going  to  and  returning  from  the  Penitentiary,  as  a  full  compen- 
sation for  conveying  such  runaway  slave  thereto,  an  accouat  of 
which  he  shall  file  with  the  financial  agent. 

Sec.  3.  If  any  Sheriff  shall  fail  to  convey  any  runaway 
slave  to  the  Penitentiary  at  the  expiration  of  six  months  from 
the  time  of  commitment  to  jail,  such  Sheriff  shall  not  make 
any  charge  for  maintaining  said  runaway  slave  after  that  time. 

Sec.  4.  It  shall  be  the  duty  of  the  keeper  of  the  Penitentiary" 
to  receive  such  runaway  slave  into  custody,  and  him  safely  keep, 
and  cause  an  advertisement  to  be  inserted  in  the  newspaper 
published  by  the  State  printer,  describing  the  runaway  slate, 
and  the  name  of  the  person  to  whom  he  is  supposed  to  belong, 
for  the  space  of  six  month.3,  or  until  such  runaway  slave  is 
legally  claimed  and  taken  away  ;  and  if  the  owner  shall  fail 
either  in  person  or  by  agent  to  come  forward  and  prove  property 
in  such  slave,  the  advertisement  shall  be  discontinued,  but  the 
slave  shall  continue  in  the  charge  and  service  of  the  keeper  of 
the  Penitentiary  for  life  :  Provided  that  the  owner  may  at  any 
future  period,  come  forward  and  prove  property,  pay  the  ex- 
penses which  have  accrued  up  to  the  time  of  the  delivery  of  the 
slave  to  the  keeper  of  the  Penitentiary,  and  take  the  slave 
away. 

Sec.  5.  "Whenever  any  runaway  slave  shall  be  delivered  to 
the  keeper  of  the  Penitentiary  under  the  provisions  of  this-  act, 
he  shall  certify  the  same  to  the  Comptroller  of  Public  Accounts, 
who,  upon  presentation  of  such  certificate,  together  with  the 
properly  authenticated  account  of  the  expenses  which  may  have 
accrued  from  the  apprehension  and  confinement  of  such  slave  up 
to  the  time  of  the  delivery  to  the  keeper  of  the  Penitentiary, 
shall  issue  his  warrant  for  the  amount,  in  favor  of  the  Sheriff,, 
which  amount  shall  be  paid  out  of  any  money  m  the  Treasury 
of  the  State,  not  otherwise  appropriated. 

Sec.  6.  The  keeper  of  the  Penitentiary  shall  not  be  allowed 
to  make  any  charge  for  receiving,  keeping,  or  feeding  any  runa- 
way slave  committed  to  bis  custody,,  but  such  slave  shall  be  put 
to  labor  as  other  prisoners. 

Sec.  7.  Before  any  runaway  slave  in  custody  by  virtue  ot  this 
set  shall  be  delivered  up  to  any  person  claiming  the  same,  such 
claimant  shall  first  prove  by  the  affidavit  of  some  disinterested 


51 

witness,  tliat  such  claimant  has  lost  such  a  slave  as  the  one  de- 
scribed in  the  advertisement ;  second,  that  the  runaway  is  the 
one  he  lost ;  third,  pay  all  expenses  incurred  in  apprehending, 
securing,  receiving,  maintaining  and  advertising  such  runaway. 
The  keeper  of  the  Penitentiary  shall  deliver  any  runaway  to  the 
owner  or  his  agent,  upon  his  or  their  complying  with  the  foregoing 
requisitions,  and  upon  bond  and  security  being  given,  should  it 
be  required  by  the  keeper,  to  indemnify  the  keeper  ;  and  the 
financial  agent  shall  demand  and  receive  all  expenses  incurred 
in  the  apprehension,  recovery,  maintaining  and  advertising  such 
runaway,  which  amount  shall  be  paid  into  the   State  Treasury. 

Sec.  8.  The  legally  authorized  agent  of  any  person  claiming 
a  runaway  slave,  may  claim,  prove  and  receive  such  runaway  in 
like  manner  as  the  owner  is  enabled  to  do  by  this  act. 

Approved  April  8,  1861. 


CHAPTER  LXI. 

AN  ACT  to  authorize  and  require  the  Commissioner  of  the  Gen- 
eral Land  Office  to  ffssue  patents  out  of  the  regular  order  in 
which  they  were  fled  in  the  Land  Office. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Commissioner  of  the  General  Land  Office  is 
authorized  and  required  to  patent  surveys  out  of  the  regular 
order  in  which  they  were  filed  in  the  Land  Office,  but  in  regular 
order  of  application ;  provided  such  surveys  shall  have  been 
regularly  mapped,  or  there  be  sufficient  evidence  that  no  previous 
survey  legally  filed  in  the  Land  Office  covering  the  same  ground 
as  represented  on  the  maps  of  the  office. 

Sec.  2.  That  this  act  take  effect  from  and  after  its  passage. 

Approved  April  8,  1861. 


CHAPTER  LXII. 

AM  ACT  to  amend  an  act  entitled  an  act  amendatory  of  the 
laws  to  raise  revenue  by  taxation,  approved  February  16, 
1858. 

Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the   4th  section  of  the   above   entitled  act  shail 


52 

hereafter  read  as  follows  :  That  there  shall  be  assessed  and  collec- 
ted of  each  person,  firm,  or  public  corporation,  having  money 
loaned  at  interest,  buying  or  selling  exchange,  or  buying  or  sell- 
ing notes  of  hand,  a  tax  at  the  rate  of  twenty  cents  on  each 
hundred  dollars  leaned,  and.  on  the  amount  of  capital  used  for 
the  purchasing  exchange  or  notes;  and  any  person,  firm,  or  pub- 
lic corporation  having  money  loaned  at  interest  or  money  used 
in  purchasing  exchange  or  notes,  who  shall  fail  or  refuse  to  give 
in  the  same  for  taxation,  shall,  upon  conviction  before  any  court 
having  competent  jurisdiction,  forfeit  ten  per  centum  upon  the 
amount  of  money  thus  loaned,  or  used  in  purchasing  exchange 
or  notes,  and  not  given  in  fur  taxation,  to  the  use  of  the  informer. 
That  each  and  every  person  or  firm  engaged  in  the  sale  of  goods, 
wares,  and  merchandise,  vinous  or  spirituous  liqup-rs,  when  sold 
in  quantities  of  a  quart  or  more,  shall  pay  a  tax  of  twenty 
cents  on  each  hundred  dollars  value  of  such  articles  purchased 
for  sale,  or  received  for  sale,  as  agent  or  auctioneer,  by  such 
person  or  firm;  and  it  shall  be  the  duty  of  each  Assessor  and 
Collector  in  this  State,  once  in  every  three  months,  or  oftener, 
to  call  upon  such  person  or  firm,  so  occupied  or  engaged  in  his 
county  for  an  account  of  such  purchases  or  consignments  to  be 
made  under  oath,  and  every  person  or  firm,  when  so  called  upon, 
who  shall  fail  or  refuse  to  furnish  such  Assessor  and  Collector 
with  an  account  of  such  purchase,  or  consignment,  during  the 
term  for  which  the  assessment  is  to  be  made,  shall  be  liable  to 
a  penalty  ol  fifty  dollars  for  each  failure  or  neglect,  to.  be  re- 
covered on  information  of  the  Assessor  and  Collector,  before  any 
Justice  of  the  Peace  of  the  proper  county,  by  a  suit  in  the  name 
of  the  State;  and  the  specific  tax  levied,  shall  exempt  the  goods, 
wares  and  merchandise  from  the  ad  valorem  tax  levied  by  this  act. 

Sec.  2.  That  this  act  take  effect  and  be  in  force  from  after 
its  passage. 

Approved  April  8,  1861. 


CHAPTER  LXIII. 

AN  ACT  to  amend  the  19th  Section  of  an  Act  to  provide  for 
the  assessment  and  collection  of  Taxes,  Approved  February 
11,  1850. 

Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  19th  section  of  An  Act  to  provide  for  the  as- 


53 

sessment  and  collection  of  taxes,  approved  February  11th,  1850, 
shall  be  so  amended  as  to  read  as  follow.-'  :  It  shall  he  the  duty 
of  the  Assessors  and  Collectors  to  compare  their  assessment  rolls 
for  the  year  1860,  and  every  year  thereafter,  and  the  list  of  pay- 
ments made  elsewhere  to  be  hereafter  furnished  them  by  the 
Comptroller,  with  the  Abstract  of  Titled  Lands,  and  ascertain 
the  lands  on  which  tie  taxes  have  been  paid,  and  after  giving 
credits  for  the  amounts  so  paid,  the  residue,  if  any,  shall  be  val- 
ued by  the  assessor  and  collector,  at  its  cash  value,  subject  to  the 
revision  of  the  County  Court;  and  after  giving  due  advertise- 
ment, as  required  by  the  17th  section  of  said  law,  the  same  Shall 
be  sold  as  provided  by  law  for  the  sale  of  the  rendered  prop3rty. 
The  list  of  lands  so  advertised  shall  embrace  the  unreudered 
lands  only,  a  copy  of  which  shall  be  sent  to  the  Comptroller  by 
the  1st  of  June  of  every  year;  and  the  Comptroller  shall  charge 
the  same  to  the  Assessor  and  Collector,  which  accounts  shall  be 
credited  by  the  amount  bid  off  to  the  State,  the  Assessor  and 
Collector's  fee  of  two  dollars  on  each  sale,  providing  the -same 
can  be  paid  from  the  proceeds  of  such  sale,  as  may  be  made  to 
individuals;  but  should  they  be  insufficient,  then  the  Assessor 
will  await  the  redemption  of  the  land  by  the  owners,  for  the 
fees  so  clue,  and  the  balance  due  on  said  account  will  be  deposi- 
ted in  the  Treasury,  at  the  time  of  the  annual  settlement  of  his 
account.  This  Act  shall  be  in  force  from  and  after  its  passage. 
Approved  April  8,  1861. 


CHAPTER  LXIY. 

■^-N  ACT  Making  appropriation  to  supply  deficiencies  for  the 
year  1861. 

Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of 

Texas,  That  the  following  sums  be  appropriated,  to-wit  : 

For  transportation  of  convicts  to  the  Penitentiary 
for  1861,  - 

For  costs  due  clerks,  attorneys,  and  sheriffs,  in  fel- 
ony cases,  - 

For  repairs,  &c,  upon  Governor's  mansion, 

For  contingent  expenses  oi  Comptroller's  office, 

For  postage  fund  for  same, 

For  survey  of  land  scrip,      - 


§2,000 

00 

6,000 

00 

150 

00 

100 

00 

200 

00 

500 

00 

54 j 

For  pay  of  George  J.  Durham  for  one  month  and 
twenty  days  services  as  acting  Comptroller, 
during  the  absence  of  C.  R.  Johns  to  Wash- 
ington City,  from  26th  January  to  the  15th 
March,  1861,  at  $33  33  per  mon.h,  being  the 
difference  in  the  salary  between  the  Chief 
Clerk  and  Comptroller ;  to  come  out  of  the 
appropriation  to  pay  expense  of  Comptroller 
to  Washington  City,     -  55  50 

For  stationery  for  next  Legislature,  -  1,000  00 

For  wood  for  same,  -  800  00 

For  contingent  fund  for  late  Convention,       -  500  00 

For  printing  ordered  by  the  Senate  and  House  of 
Representatives  at  the  adjourned  session  of  the 
eighth  Legislature.         -  -  -  1,889  00 

For  printing  and  distributing  the  laws  and  journals 
of  the  extra  and  adjourned  sessions  of  the  8th 
.  Legislature,       -  3,000  00 

Sec.  2.     That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  9,  1861. 


JOINT    RESOLUTIONS, 


CHAPTER  I. 

JOINT  RESOLUTION  repealing  the  "Joint  Resolutions  in 
response  to  the  Governor' s  Message  on  Kansas  affairs,"  ap- 
proved February  16,  1858. 

1.  Re  it  Resolved  by  the  Legislature  of  the  State  of  Texas, 
That  the  "  Joint  Resolutions  in  response  to  the  Governor's 
Message  on  Kansas  affairs,"  approved  February  16,  1858,  be  and 
the  same  are  hereby  repealed. 

2.  That  this  resolution  shall  take  effect  from  and  after  its 
passage. 

Passed  January  24,  1S61. 


CHAPTER    II. 
JOINT  RESOL  UTION  relative  to  Coercion. 

Re  it  Resolved  by  the  Legislature  of  the  State  of  Texas, 
That,  in  view  of  the  exigencies  of  the  times,  we  deem  it  proper 
to  declare : 

That  when  the  sovereign  States  of  this  Confederacy  entered 
into  the  compact  of  Union,  they  delegated  to  the  Federal  Gov- 
ernment no  power  to  compel,  by  force  of  arms,  obedience  by  the 
States  to  the  Federal  authority,  but,  on  the  contrary,  such 
power  was  expressly  denied. 


56 

That  the  employment,  therefore,  of  force  by  the  Federal  Gov- 
ernment to  compel  any  State  of  this  Union  to  perform  its  obli- 
gations under  the  Federal  Compact,  or  to  compel  a  State  against 
the  will  uf  its  people  to  remain  a  member  of  this  Confederacy,. 
is- in  violation  of  the  Constitution,  a  dangerous  usurpation  of 
power,  destructive  of  the  right  of  free  government,  and  fatal  to 
the  existence  of  the  Union  itself,  which,  formed  of  equal  and 
independent  sovereignties,  cannot  be  as  between  conquering 
States  and  subjugated  provinces. 

That  should  (as  we  have  serious  reason  to  apprehend  may  be, 
in  the  present  condition  of  the  Union,)  the  Federal  Government 
attempt  to  coerce  any  of  our  sister  States  of  the  South,  byforco 
of  arms,  into  subjection  to  Federal  rale,  we  assure  such  States 
of  the  sympathies  of  oar  people,  and  that  we  shall  make  com- 
mon cause  with  them  in  resisting,  by  all  means  and  to  the  last 
exremity,  such  unconstitutional  violence  and  tyrannical  usurpa- 
tion of  power. 

Passed  February  1,  1861. 


CHAPTER  III. 

JOINT  RESOLUTION   concerning    the    Convention   of   the 
People  of  Texas,  called  in  pursuance  of  the  Bill  of  Rights. 

Whereas  the  people  of  Texas,  being  much  concerned  for  the 
preservation  of  the  rights,  liberties,  and  powers  of  the  State-, 
and  its  inhabitants,  endangered  by  the  political  action  of  a  ma- 
jority of  the  States,  and  the  people  of  the  same  have,  in  the 
exercise  of  powers  reserved  to  themselves  in  the  Bill  of  Plights, 
called  a  Convention,  composed  of  two  members  for  each  Repre- 
sentative in  the  Legislature,  from  the  various  districts  established 
by  the  apportionment  law  of  1860,  to  assemble  on  the  28th  day 
of  January,  1861,  at  the  city  of  Austin,  which  Convention,  by 
the  terms  of  the  call,  made  by  numerous  assemblages  of  citizens 
in  various  parts  of  the  State,  was,  when  elected  and  assembled, 
to  have  power  to  consider  the  condition  of  public  affairs  ;  to 
determine  what  shall  be  the  future  relations  of  this  State  to  the 
Union,  and  such  other  matters  as  are  necessarily  and  properly 
incident  thereto  ;  and  in  case  it  should  be  determined  by  said 
Convention,  that  it  is  necessary  for  the  preservation  of  the 
rights  and  liberties  aforesaid,  that  the  sovereignty  of  Texas 
should  resume  the  powers  delegated  to  the  Federal  Government 


57 

in  the  Constitution  of  the  United  States,  and  by  the  articles  of 
annexation,  then  the  ordinance  of  said  Convention  resuming 
said  delegated  powers,  and  repealing  the  ratification  by  the  peo- 
ple of  Texas  of  said  articles  of  annexation,  should  be  submitted 
to  a  vote  of  the  qualified  electors  of  this  State,  for  their  ratifi- 
cation or  rejection  ;  therefore, 

1.  Be  it  Resolved  by  the  Legislature  of  the  State  of  Texas, 
That  the  Government  of  the  State  of  Texas  hereby  gives  its 
assent  to  and  approves  of  the  Convention  aforesaid. 

2.  That  this  resolution  take  effect  and  be  in  force  from  and 
after  its  passage. 

With  a  protest  against  the  assumption  of  any  poioers  on 
the  part  of  said  Convention ,  beyond  the  reference  of  the  question 
of  a  longer  connection  of  Texas  with  the  Union  to  the  peojple, 
approved  4th  February,  1861.        . 


CHAPTER   IV. 

JOINT  RESOLUTION  with  regard  to  the  contract  for  roof- 
ing the  Capitol. 

1.  Be  it  Resolved  bi/  the  Legislature  of  the  State  of  Texas, 
That  the  Attorney  General  proceed  to  enforce  the  contract 
between  the  State  and  Robert  P.  Boyce  and  J.  B.  Sawyer  for 
roofing  the  Capitol  and  the  old  Land  Office,  by  suit  upon  their 
bond  or  otherwise. 

2.  That  this  Resolution  take  effect  from  and  after  its  passage. 
Approved  February  8,  1861. 


CHAPTER    V. 

1.  Be  it  Resolved  by  the  Legislature  of  the  State  of  Texas, 
That  the  completion  of  the  Texas  and  New  Orleans  Railroad, 
at  an  early  day,  both  in  Texas  and  Louisiana,  is  of  the  utmost 
importance  to  the  material  interests  of  both  States;  and  in  a 
military  point  of  view,  for  strategic  and  defensive  purposes,  will 
be  of  the  greatest  value  to  the  whole  South,  by  constituting, 
w,ith  the  railroads  now  constructed,  a  line  of  inland  communi- 
cation extending  from  Western  Texas  through  to  Virginia  and 
Maryland,  which  will  avoid  many  of  the  annoyances  incident  to 
a  blockade  on  the  Southern  seaboard* 


58 

2.  That,  a.s  this  State  has  extended  liberal  aid  to  the  Com- 
pany for  the  construction  of  its  works  in  Texas,  that  we  would 
respectfully  call  the  attention  of  the  Legislature  of  Louisiana  to 
the  importance  of  this  great  enterprise,  and  commend  it  to  its 
consideration. 

Approved  February  13,  1861, 


CHAPTER  VI. 

JOINT  RESOLUTION  Concerning  the  revenue  cutter  "Dodge" 
and  the  officers  of  the  same. 

Section  1.  Be  it  resolved  by  the  Legislature  of  the  State  of 
Texas,  That  the  Government  and  Congress  of  the  Confederate 
States  of  America  are  hereby  requested  to  have  the  necessary 
repairs  made  upon  the  revenue  cutter  Dodge,  (now  lying  at  the 
port  of  Galveston,)  and  that  Capt.  W.  F.  Rodgers,  and  the 
officers  of  said  cutter,  who  were  in  command  of  said  vessel  at'the 
time  of  her  surrender  by  them  to  the  authorities  of  Texas,  be 
retained  in  office  and  continued  in  command  of  said  cutter 
Dodge,  upon  the  revenue  service  on  the  coast  of  Texas,  by  the 
Government  of  the  Confederate  States. 

Be  it  further  resolved,  That  the  Governor  of  this  State  for- 
ward a  copy  of  this  joint  resolution  to  our  Members  in  Congress, 
with  the  request  that  they  urge  upon  the  Confederate  Govern- 
ment the  desire  of  Texas,  expressed  in  said  joint  resolution. 

Approved  April  3,  1861. 


CHAPTER  VII. 

JOINT  RESOLUTION  author  king  the  payment  of  the  salary 
of  the  late  Captain  T.  P.  Plasters,  deceased,  as  Doorkeeper  of 
the  House  of  Representatives,  to  D.  C.  Dickson. 

1.  Be  it  Resolved  by  the  Legislature  of  the  State  of  Texas, 
That  the  State  Treasurer  is  hereby  authorized  to  pay  to  D.  C. 
Dickson  the  amount  due  Thomas  P.  Plaster  for  services  as  Door- 
keeper of  the  House  of.  Representatives. 

2.  That  this  Joint  Resolution  take  effect  from  and  after  its 
passage. 

Approved,  April  5;  1861. 


59 

CHAPTER  VIJI. 

A  JOINT  RESOL  UTION  In  relation  to  the  establishment  of 
an  Admiralty  Court  for  the  State  of  Texas,  at  Galveston  and 
such  other  pi aces  on  the  coast,  as  commerce  requires. 

Section  1.  Be  it  resolved  by  the  Legislature  of  the  State  of 
Texas,  That  the  Government  of  the  Confederate  States  of 
America  is  hereby  respectfully  requested  to  establish  an  Admi- 
ralty Court  for  the  State  of  Texas,  at  the  city  of  Galveston,  and 
such  other  places  on  the  coast  in  this  State  as  commerce  re- 
quires. 

Sec.  2.  That  the  delegates  of  the  State  of  Texas  in  the 
Congress  of  the  Confederate  States  of  America  be  and  they  are 
hereby  requested  to  use  all  proper  efforts  to  accomplish  the  ob- 
ject indicated  in  the  foregoing  resolution.  And  that  the  Gover- 
nor cause  a  duly  certified  copy  of  these  resolutions  to  be  trans- 
mitted to  said  delegates.  And  this  joint  resolution  shall  be  in 
force  from  its  passage. 

Approved  April  6,  1861. 

CHAPTER  IX, 

JOINT  RESOLUTION  providing  for  the  turning  over  of 
the  property  now  in  the  possession  of  the  State  {lately  talcen 
from  the  United  States  Government)  to  the  Confederate  States 
Government. 

1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas, 
That  the  officers  and  agents  of  this  State  having  in  charge  or 
possession  any  of  the  property  recently  taken  from  the  Govern- 
ment of  the  United  States,  shall,  on  demand,  turn  the  same 
over  to  the  agent  or  agents  appointed  by  the  Confederate  States 
Government  to  receive  and  take  receipts  for  the  same,  accompa- 
nied by  schedules  specifying  each  item  and  its  condition,  and 
such  officers  or  agents  of  the  State  shall  file  said  receipts  and 
schedules  in  the  Comptroller's  office  as  soon  as  practicable. 
Provided,  that  the  Government  of  the  Confederate  States 
assumes  all  responsibility  to  the  Government  of  the  United 
States  for  all  the  property  received  under  the  provisions  of  this 
resolution. 

2.  That  this  resolution  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  6,  1861. 


60 

gHAPTER  X. 

JOINT  RESOLUTIONS  concerning  Brigadier  Gen.  David 
E.  Twiggs. 

1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas, 
That  in  the  person  of  Brigadier  General  David  E.  Twiggs,  we 
recognize  an  eminent  citizen,  a  pure  patriot,  and  gallant  officer, 
whose  military  career  adorns  the  brightest  page  of  the  history 
of  his  country. 

2.  That  the  late  delivery  of  the  military  posts  and  material 
of  war,  to  the  authorities  of  the  people  of  the  State  of  Texas, 
was  dictated  hj  a  "military  necessity,"  founded  on  a  just  regard 
for  the  rights  of  a  sovereign  State,  thereby  preventing  a' collis- 
ion of  arms,  fearful  in  its  consequences  to  the  peace  and  liberties 
of  the  people. 

3.  That  the  retirement  of  this  eminent  citizen  and  soldier  to 
the  walks  of  private  life,  carries  with  him  the  gratitude  and 
profound  respect  of  the  people  of  Texas,  for  his  long  and  valua- 
ble public  services,  which  will  live  in  the  hearts  of  his  country- 
men, when  the  acts  of  his  persecutors  will  be  remembered  only 
to  be  detested. 

4.  That  the  Governor  cause  to  be  transmitted  to  Gen.  Twiggs 
a  copy  of  these  resolutions. 

Approved  April  8,  1861. 


CHAPTER  XL 

JOINT  RESOLUTION  authorizing  the  Governor  to  appoint 
two  Commissioners  to  examine  into  the  affairs  of  the  Central 
Railroad,  and  report  to  him. 

1.  Be  it  Resolved  by  the  Legislature  of  the  State  of  Texas, 
That  the  Governor  of  the  State  may,  on  the  application  of  any 
of  the  stockholders  of  the  sold-out  Comp.iny  of  the  Texas  Cen- 
tral Railroad,  appoint  two  Commissioners  to  inquire  into,  and 
report  to  him,  the  facts  in  relation  to  the  late  sale  of  the  said 
railroad  under  execution;  and  the  Commissioners  so  appointed 
shall  have  the  power  to  send  for  persons  and  papers,  for  the  pur- 
pose of  such  examination:  provided,  that  no  expenses  attend- 
ing such  examination  shall  be  chargeable  to,  or  paid  by,  this 
State,  and  the  stockholders  making  application  for  the  appoint- 
ment of  such  Commissioners  shall,  before  such  appointment  is 


61 

made,  make  provision  for  the  compensation  of  the  Commission* 
ers,  and  the  payment  of  the  expenses  attending  the  examination* 
And  that  this  Resolution  take  effect,  and  be  in  force,  from  and 
after  its  passage. 

Approved,  April  8,  1861. 


CHAPTER  XII. 

JOINT  RESOLUTION  concerning.  Iron  Founderies  in  the 
fctdte  of  Texas. 

Whereas,  there  is  in  the  counties  of  Marion  and  Cass,  in 
this  State,  an  inexhaustable  supply  of  iron  ore  ;  and,  whereas, 
founderies  are  at  this  time  in  successful  operation  in  said  locali- 
ties, fostered  by  the  enterprise  of  citizens  of   Texas  :  therefore^ 

1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas, 
That  the  Government  of  the  Confederate  States  of  America  is 
hereby  respectfully  invited  to  consider  the  propriety  and  impor- 
tance of  establishing  in  said  locality  a  foundery  and  manufac* 
tory  for  the  manufacture  of  ordnance  and  arms  for  the  Confed- 
erate States. 

2.  That  the  Governor  is  hereby  requested  to  cause  a  copy  of 
this  joint  resolution  to  be  transmitted  to  the  delegates  of  this 
State  in  the  Congress  of  the  Confederate  States,  to  be  by  them 
laid  before  the  Government  of  said  Confederate  States  ;  and 
that  this  joint  resolution  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  April  8,  1861. 


CHAPTER    XIIL 
JOINT  RESOLUTION,  suspending  the  Geological  Survey. 

Section  1.  Be  it  Resolved,  by  the  Legislature  of  the  State  of 
Texas,  That  the  Geological  Survey  of  the  State  be  suspended, 
and  that  \he  services  of  all  employees  concerned  in  said  survey 
be  dispensed  with,  except  the  chemist,  who  shall  be  continued  in 
service  only  to  long  as  may  be  necessary  to  make  up  the  report 
hereinafter  provided  for. 

Sec.  2.  That  B.  F.  Shumard,  late  geologist,  be  required  to 


62 

make  out  a  report  of  his  surveys,  so  far  as  the  same  may  have  been 
completed,  and  for  that  purpose  shall  have  control  of  the  cabi- 
net and  geological  rooms,  and  his  notes,  and  the  services  of  'the 
chemist;  and  he  shall  receive  the  like  salary  as  heretofore  paid 
to  the  State  Geologist,  until  the  work  is  completed:  provided, 
said  report  shall  be  made  by  the  first  day  of  July,  next,  which 
compensation  shall  be  paid  out  of  the  appropriation  heretofore 
made  for  the  support  of  the  Geological  Bureau. 

Sec.  3.  That  Dr.  Francis  Moore,  present  State  Geologist,  be 
required  to  make  his  report  of  all  work  executed  by  him  up  to 
the  present  time. 

Sec.  4.  That  the  unexpended  balance  of  said  appropriation, 
except  so  much  as  may  be  necessary  to  carry  out  the  provisions 
of  this  Joint  Resolution,  shall  be  subject  to  be  expended  under 
other  general  appropriations. 

Sec.  5.  That  the  perishable  property  used  in  the  survey  shall 
be  taken  charge  of  by  the  Comptroller,  and  sold  by  him,  and  the 
proceeds  paid  into  the  Treasury. 

Sec.  6.  That  this  Joint  Resolution  shall  take  effect  from  and 
after  its  passage. 

Approved,  April  8,  1861. 


INDEX  TO  THE  GENERAL  LAWS. 


-A. 

Appropriation— Per  diem  and  mileage,  Legislature,  3 

Per   diem  and   mileage,  and   contingent 

expenses,  Legislature,  6> 

Per  diem  and  mileage,  Presidential  Elec- 
tors, 8 

For  supplies  furnished  troops  now  on  fron- 
tier, '  17 

To  pay  minute  men  for  services  oil  fron- 

tier,  17 

Per  diem  and  mileage,  State  Convention,         25 

To  defray  expenses  of  State  Convention, 

supplemental  to  act,  March  23,  1861.  26 

For  frontier  protection,  to  supply  defi- 
ciencies in  former,  32 

Per  diem  and  mileage,  -State  Conventions- 
supplemental  to,  37 

Per   diem   and  mileage,  Legislature,  ad~ 

journed  session,  44 

For  Regiment  ordered  to  be  raised  by  the 

State1  Convention,  47 

To  supply  deficiencies  for  the  year  1861,         5$ 
Attorneys  and  Counsellors  at  Law— Amending  1st  section 
of  act  Jan.  24,  1860,  regulating  licence 
and  practice  of,  28 

Assessment  of  Taxes— -To  amend  act  of  Feb.  11,  1860^  3$ 


64 

Apportionment — For  members  of  Congress  and  to  regu- 
late elections  thereof,  35 

Authentication  of  Instruments  for   Record — -Prescribing 

manner  of,  37 

Apportionment — For  members  of  Congress,  supplemental,         44 

Assessment   and    Collection  of  Taxes— Amending    19th 

section  of  act,  February  3J,  1850,  52 

IB 

Boundary  Lines— -Between  Marion,  Cass  and  Titus  coun- 
ties, 15 
"           "         Between  Bell  and  Milam  Counties,               29 
"           "         Between  Groliad  and  Victoria  counties,         33 

G 

Counties — Establishing  boundaries  between  Marion,  Cass 

and  Titus,  15 

"  Defining  boundaries  between  Bell  and  Milam,         29 

"  Providing  for  running  lines  between  Marion, 

Cass  and  Titus,  30 

i:  To  attach  Wichita  to  Clay,  forming  one  land 

district,  ,  31 

"  County  Courts   may  transfer   portion  of  jury 

fund  to  general  county  fund,  31 

"  To  attach  Edwards  to  Uvalde,  for  certain  pur- 

poses, until  organized,  31 

"  Changing  boundary  lines  between  Goliad  and 

Victoria,  33 

"  Creating  Kaufman  supplemental  to,  38 

Convention,  State — Prescribing  pay  and  mileage,  25 

County  Courts — May  transfer  portion  of  jury  fund  to  gen- 
eral county  fund,  31 
Congress-— Regulating  election  of  members  of,  35 
"           Regulating  election  of  members   of,    supple- 
mental,                                                  .                   44 
Convention — Providing  means  for  the  payment  of  certain 

debts  created  by  authority  ot,  48 

Commissioner   General   Land   Office — Required  to  issue 

patents  out  of  regular  order,  51 

ID 

District  Court — Nineteenth  district,  time  of  holding,  4 

"  "        Twentieth  district,  time  of  holding,  6 

"  "        Eighteenth   district,    to    reorganize,  and 

time 'of  holding,  7 


65 

District  Court — Sixteenth   district   to    reorganize,   and 

time  of  holding  8 
"                Seventeenth  district,  to  reorganize,  and 

time  of  holding  16 

Eighth  district,  time  of  holding  21 

Twentieth  district,  time  of  holding;  21 

Ninth  district,  time  of  holding  22 

Further  regulating  proceedings  in  26 

Fifteenth  district,  time  of  holding  27 

Seventh  district,  time  of  holding  29 
Amending  71st  and  92d  sections  of  an 

act  of  May  j3,  1846  42 
Decedent's  Estates — Funds  accumulating  from  may  be 

used  6 
Descent  and  Distribution — Amending  section  3  of  act 

March  18,  1848  23 
Deficiencies — To  supply,    in   former  appropriations   for 

frontier  protection  32 

District  Judges — Concerning  contested  elections  of  34 
Debts  —  Providing  means   for   the   payment   of  certain 

debts  created  by  the  Convention  48 

Estrays — To  regulate,  supplemental  9 

"         Amending  an  act  of  February  5,  1861  39 

Evidence — What  shall  be  sufficient  prima  facie  in  cer- 
tain cases  14 
Estates,  Intestate — Amending  3d  section  of  act,  March 

18,  1848  23 

Edwards — To  attach  county  of  to  Uvalde  for  certain  pur- 
poses, until  organized  31 
Elections  —  Concerning  contested   elections   of    district 

judges  34 

"  For  members  of  congress  35 

"  "  "  supplemental  44 

Electors — Amending  act  March  15,  1848,  and  repealing 

8th  section  of  same  45 


Frontier — Proving  for  protection  of  10 
Field  Notes — Extending  time  for  return  of  nre-emption  12 
Frontier  Protection  —  Providing  for  funding  debt  con- 
tracted for  24 
Fundinsr — The  debt  contracted  for  frontier  protection  24 
E 


66 


Justice's  Courts — Amending  act  March  20,  1848  14 

"  Amending  act  February  7,  1861  46 

IK 

Kaufman — Creating  county  of,  supplemental  38 

L 

Legislature — Appropriation  for  per  diem  and  mileage  3 

Loan — Authorizing  a,  and  imposing  a  specific  tax  to 
meet  principal  and  interest,  under  the  provis- 
ions of  the  33rd  section  of  the  7th  article  of 
the  Constitution  39 

Land  Office — Requiring  commissioner  of,  to  issue  patents 

out  of  regular  order  51 

Money — To  procure,  due  from  U.  S.  to  Texas  3 

Minute  Men — For  protection  of  frontier,  to  raise  10 

"  Appropriation  to  pay  17 

Memphis  and  El  Paso  R.  R.  Company — For  relief  of,  and 

all  other  11.  R. 
companies  25 

O 

Ordinance  of  secession — Submitting  to  the  people  11 

"  "  Supplemental  to  act  February  7, 

1861  18 


Pre-emption — Extending  time  for  return  of  field  notes  12 

Prima  Facie  Evidence — What  sufficient  in  certain  cases  12 

Pilots — Amending  act  of  April  7,  1846  19 
Presidential  Electors — Amending  act  of  March  15,  1848, 

and   repealing   8th   section  of 

said  act  45 

Patents — Issued  out  of  regular  order  £1 

IR 

Railroad    Companies— Amending   10th   section   of   act 

February  8,  1860  12 

For  relief  of  all  R.  R.  companies  25 

Railroad  Certificates — Extending  time  for  survey  of  27 


67 

Becord — Prescribing  manner  of  authenticating  instru- 
ments for  37 
Regiment  —  Ordered  to  be  raised  by  Ordinance  of  the 

Convention,  appropriation  for  47 

Bunaway  Slaves  —  Providing  for  the  disposition  of  49 

s 

State  of  Texas — To  procure  money  due  to,  from  United 

States  3 

Secession — Submitting  ordinance  of,  to  the  people  11 

Supreme  Court — Prescribing  order  of  determining  cases  in  13 

Surveys — Raihoad  certificates,  to  extend  time  for  17 

Secession — Supplemental  to  act  February  7,  1861  18 
School  Fund — Derivable  from  taxation  under  the  provis- 
ions of  2nd  section  of  the  10th  a  tide 

of  the  Constitution,  how  disposed  of  35 
Sheriffs — Authorizing  county  courts  of  certain  counties 

to  regulate  the  pay  of  sheriffs  in  certain  cases  47 

Slaves — Providing  for  the  disposition  of  runaway  49 

T 

Treasury  warrants  —  Beceivable  in  payment   of    certain 

dues  19 

Taxes — Amending  act  of  February  11,  1860  33 
u         Imposing  a  specific  tax  to  meet  a  loan,  under 

the  provisions  of  the  33rd  section  of  the  7th  « 

article  of  the  Constitution  39 

"         Amending  act  February  16,  1858  51 

"         Amending  19th  section  of  act  February  11, 1850  52 

XT 

United  States — To  procure  money  due  from,  to  Texas  3 

University  Fund — May  be  used  for  6 

"  Lands — Proceeds  of  sales  may  be  used,  how  a 

"W 

Warrants,  Treasury — Beceivable  in  payment  of  certain 

dues,  19 

Wichita — Attaching  county  of  to  Clay  for  one  land  dis- 
trict 31 


INDEX  TO  JOIST  RESOLUTIONS. 


.A. 

Admiralty  Court — In  relation  to  establishment  of  59 

G 

Coercion — Eelative  to  55 

Convention — Concerning  State  Convention  56 

Capitol — Regarding  the  contract  for  roofing  57 

Court,  Admiralty — In  relation  to  establishment  of  59 
Confederate  States — Providing  for  transferring  to,  the 
property  taken  from  the  United 

State's  Government  59- 
Central  Railroad — Authorizing  Governor  to  appoint 

#                          Commissioners  to  examine  into  affairs  of  60 

ID 

"  Dodge" — Concerning  the  Revenue  Cutter  58 

Doorkeeper,  H  of  R — Authorizing  payment;  of  his  salary  to        53 

IF 

Foundaries,  Iron — Concerning,  in  the  State  of  Texas,  61 

G- 
Geological  Survey — Suspending  61 

I 
Iron  Foundaries — Concerning,  in  the  State  of  Texas  69 

IK 

Kansas  Affairs — Repealing  Joint  Resolution  on  Kansas 

Affairs,  approved  Feb.  16,  1858  55 

3VL 

Moore,  Dr.  Francis — Required  to  report  work  61 


69 


Plasters,  T  P — Authorizing  payment  of  salary  to  D  C 

Dickson  %  58 

Property — Transferring,  taken  from  the  United  States 
Government  to  Confederate  State's  Gov- 
ernment' 59 

Eoofing  the  Capitol — Regarding  the  contract  for  57 
Railroad — In  relation  to  Texas  and  New  Orleans  57 
Revenue  Cutter — Concerning  the  ''Dodge"  5S 
Rogers,  Capt.  W  F — Concerning  5S 
Railroad — Authorizing  Governor  to  appoint  Commis- 
sioners to  examine  into  affairs  of  60 

S 

Survey,  Geological — Suspending  61 

Shumard,  B  F — Shall  make  report  of  Surveys  61 

T 

Texas  and  New  Orleans  Railroad — In  relation  to  57 

Twiggs,  Brigadier  Gen.  David  E — Concerning  60 

XT 

United  States — Transferring  property  taken  from,  to 

Confederate  State's  Government  59 


THE  STATE  OF  TEXAS. 


I,  Bird  Holland,  {Secretary  of  State  of  the  State  of  Texas, 
do  certify  that  the  Extra  Session  of  the  Eighth  Legislature  of. 
said  State,  convened  according  to  the  proclamation  of  the  Gov- 
ernor, at  Austin,  on  Monday  the  twenty-first  day  of  January 
in  the  year  one  thousand  eight  hundred  and  sixty-one,  and 
adjourned  on  Tuesday  the  9th  day  of  April,  the  same  year. 

And  I  further  certify  that  the  acts  and  resolutions  contained 
in  this  volume  are  true  copies,  taken  from,  the  original  rolls  de- 
posited in  the  Department  of  State,  with  which  they  have  been 
carefully  compared. 

Given  under  my  hand  and  official  seal  at  the  city  of 


l|fi|P  Austin,  the  sixth  day  of  May,  A.  D.,  one  thousand  eight 
hundred  and  sixty-one. 

BIRD  HOLLAND, 

Secretary  of  State. 


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